AJJU Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 of the Criminal Procedure Code is against the judgment dated 17.01.1998 passed by the Sessions Judge, Dewas in Sessions Trial No.160/1995 convicting the appellant for offence punishable under Sections 376 and 506- part II of the Indian Penal Code and sentencing him for 7 years and 1 year rigorous imprisonment, respectively.

(2.) The prosecution case in brief is that on first day of Ramjan (2.2.1995) in the early morning at about 4 AM the appellant who was residing across the road in front of the house of the prosecutrix called the prosecutrix in his house and committed rape on her. The prosecutrix could not make a cry as her mouth was gagged by him. The appellant then threatened her that if she informs anyone he will kill her and her father. After the said incident also the appellant used to call the prosecutrix at his house daily and use to commit sexual intercourse with her. Again on 18.02.1995 the appellant forcibly tried to take her to his house but the prosecutrix fled away and narrated the incident to her Aunt Naseem (PW-3).

(3.) On 25.02.1995 the incident was reported at Police Station Kotwali, Dewas. The police recorded the First Information Report Ex.P-1 and referred the prosecutrix to medical examination at Government District Hospital, Dewas where Dr. Indu Agrawal (PW-4) Assistant Surgeon examined the prosecutrix. The report of Dr. Indu Agrawal is Ex.P/2-A. She referred the prosecutrix to the Radiologist for Osification test as would be clear from Ex.P/2-A. It is also revealed from the record that Dr. Nashikkar, Radiologist after examining the prosecutrix submitted his report stating the Radiological report of prosecutrix to be above 16 years but below 18 years. The said report was filed by the prosecution with challan papers. After investigation the charge-sheet was submitted.