BHAJANLAL KAHAR Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Bhajanlal has been convicted under Sections 363, 366, 376 and 506-B, IPC and sentenced to rigorous imprisonment for five years, five years, seven years and two years respectively. He has also been sentenced to pay a fine of Rs. 100/- on each count. (Section 366 is only an aggravated form of the offence under Section 363, IPC and therefore there could not be conviction under both the sections ).

(2.) IT is not in dispute that Pinki alias Sumanbai (P. W. 1) is daughter of Shankerlal (P. W. 4) and Sarojbai (P. W. 6 ). They are residents of Village Madgula. Accused Bhajanlal is aged about 25 years and he lives in front of their house. The prosecutrix was sleeping in the intervening night of 11th and 12th June, 2000 in her house but she was found missing in the morning. The accused was also not in his house. Both of them went to Village Kanhargaon and they were there in the house of the sister of the accused for about three days.

(3.) THE prosecution case is that the prosecutrix aged about 15 years got up at about 1 A. M. and went behind her house to pass urine and at that time the accused put a knife on her neck and took her to Village Kanhargaon and has sexual intercourse with her several times during a period of three days and he did so forcibly. She was brought back by her cousin Vijay (P. W. 5) and then she narrated the incident to her parents. She was sent for medical examination and it was found that she had old tear of hymen.