PRATAP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is filed by the appellant being aggrieved by the judgment dated 8/11/1996 passed by the 5th Additional Sessions Judge, Bhopal in ST No.32/1996, whereby the appellant was convicted and sentenced as under:-

(2.) THE prosecution's case, in short, is that the prosecutrix (PW-14) was a married woman aged 14 years. In the month of September, 1995 she was ousted by her husband, and therefore she was to return back to her parents' house. She was waiting for a bus at bus stand of her husband's village, then the accused Parasram met her. Parasram was known to the prosecutrix, and therefore she told him that she wanted to go to Dhanbad at her parents' house. The accused Parasram took her in the train from the railway station Buxar, but when the train reached to the railway station Bhopal, she again asked that by such train, she could not reach to Dhanbad. Thereafter the accused administered her a cup of tea, and due to that she lost her consciousness. The accused Parasram took her to a house situated at Bairagarh, Bhopal where he kept her for three months and he was regularly committing the rape with the prosecutrix. On 12.12.1995 the prosecutrix told the entire story to the appellant Pratap Singh, who was friend of the accused Parasram, then he agreed to send her to her parents' house at Dhanbad. But the appellant took the prosecutrix to Badi Mungwali District Sehore and confined her in a house where he also committed rape with her for several times. On 17.12.1995 the police went to the spot and found and recovered the prosecutrix from the possession of the appellant. She was sent for her medico legal examination. Dr. Abha Jindal (PW-15) examined her and gave a report Ex.P-16. No external or internal injury was found on her person. The prosecutrix was referred for the ossification test. Dr. R. Verma (PW-4) gave his report Ex.P-5 after performing the ossification test. He found the prosecutrix could be 15 years old girl and a variation of six months was possible in the calculation about the age done by Dr. Verma. After due investigation, a charge sheet was filed before the Judicial Magistrate First Class, Bhopal, who committed the case to the Sessions Court, Bhopal and ultimately it was transferred to the 5th Additional Sessions Judge, Bhopal.

(3.) THE learned Additional Sessions Judge, Bhopal after considering the evidence adduced by the prosecution convicted the appellant for commission of offence punishable under Sections 342, 366 and 376 of IPC and sentenced him as stated above.