MANSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal under Sec. 374 of Cr.P.C., being aggrieved by judgment dtd. 07/05/2016 passed by the Sessions Judge and Special Judge, District-Ratlam in S.T. No. 71/2017, whereby he has been convicted sentenced him as under:-

(2.) In brief, the facts of the case are that on 6.8.2013, at around 12 o' clock in the noon, when the prosecutrix, around 14 years of old was alone at her house as her parents had gone to the market, the appellant came to her house and told her that he would marry her and also told her to come with him and as the prosecutrix refused, he threatened her of dire consequences and thus, the appellant took her to Gram Sakad to his relatives where she was kept in a room for around 10 days where the appellant raped her. Thereafter the appellant took her to Nimbaheda, Rajasthan where they stayed together after he rented a room and where also she was subjected to rape. The appellant had also told her that his father has already paid the money for her as per their custom.

(3.) It is further the case of the prosecution that when the appellant was sleeping two days prior to the Deepawali, at that time the prosecutrix slipped out of the house and came to her mother and father's village and thus, on 06.08.2013, the First Information Report was lodged in the police station at Crime No. 122/2013 under the aforesaid sections. It is not disputed that the prosecutrix also got pregnant during the time when she resided with the appellant, which has also been proved by P.W. 8 Dr. Preeti Agrawal.