MOOLCHAND Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 of Cr.P.C. has been filed against the judgment and sentence dtd. 13/5/2010 passed by Additional Sessions Judge, Seondha, Distt. Datia in Sessions Trial No. 46/2009 by which the appellant has been convicted under Sec. 376(2)(f) of IPC and has been sentenced to undergo Life Imprisonment and a fine of Rs.10,000.00 with default imprisonment of R.I. for one year.

(2.) The necessary facts for disposal of the present appeal in short are that on 11/10/2008, the complainant lodged an F.I.R. that at about 3:30 P.M., he was in the house. His wife was working outside the house whereas the prosecutrix, aged about 1 year was playing on the platform. The appellant came there and took the prosecutrix to his house. After about half an hour, he brought back the prosecutrix and left her on the platform. The prosecutrix was crying and accordingly she was lifted by his wife, and found that her underwear was stained with blood. After removing her underwear, his wife found that blood was oozing out from her private part. At that time, Siyasharan came and informed that he was passing by the house of the appellant and heard the cries of a child and accordingly he went inside the house of the appellant, and found that the appellant was committing rape on the prosecutrix. After noticing Siyasharan, the appellant picked up the prosecutrix and left her on the platform. Accordingly, it was alleged that the appellant has committed rape on a one year old prosecutrix.

(3.) Accordingly, the police registered the offence under Sec. 376 of I.P.C. The prosecutrix was sent for medical examination. Her underwear was seized. One shirt of skyblue colour was also seized from the possession of the appellant. The nail clippings of the appellant were seized. The statements of the witnesses were recorded. The seized articles were sent for Forensic examination. After completing the investigation, the police filed the charge sheet for offence under Sec. 376, 511 of IPC.