BABLU ALIAS DILIP Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 17-1-1995, passed by First Additional Sessions Judge, Balaghat (Camp Waraseoni) in S.T. No. 120/ 93, whereby the appellant was convicted under Section 376 (2) (g) of the IPC and sentenced to undergo R.I. for 10 years and to pay a fine of Rs.500/- and in default, to suffer R.1. for 3 months.

(2.) IN that case, after due investigation, charge-sheet was submitted before the CJM, Balaghat on 21-4-1993 against the appellant and co-accused Raman (hereinafter referred to as 'Raman'), who was shown as absconding. Thereafter, he could be arrested on 16-10-1997 and after further investigation; supplementary charge-sheet was put up against him on 10-1-1998. Upon conclusion of the trial, Raman was convicted, vide judgment dated 16-3-1999 passed by First ASJ, Balaghat in S.T. No. 27/98, under Section 376 (2) (g) of the IPC and sentenced to undergo R.I. for 10 years and to pay a fine of Rs.500/- and in default, to suffer R.I. for 3 months. The appeal preferred by Raman against the conviction and sentence and registered as Criminal Appeal No. 1042/1999, has already been dismissed by a Co-ordinate Bench of this Court for the reasons assigned in the order dated 13-10-2011.

(3.) THE appellant abjured the guilt and pleaded false implication, but did not attribute any cause therefor. Further, the defence preferred to examine the Radiologist Dr. K.K. Khosla to establish that on the basis of ossification test, age of the prosecutrix was determined as between 16 1/2 to 19 years.