PURAN BUNKAR Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 01.07.1996 passed by learned Fourth Additional Sessions Judge, Chhattarpur in Sessions Trial No. 121/91 convicting the appellant under Section 376 IPC and thereby sentencing him to suffer RI of 7 years and fine of Rs. 1000/-; in default of payment of fine, further RI of 6 months, this appeal has been preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973. In brief the case of prosecution is that on 23.05.1992 at 1.30 PM prosecutrix having age of 10 years, along with her younger brother Chhanu went to graze she goats and at the relevant point of time when she was taking rest beneath the tree of guava and her younger brother Chhanu had gone to jungle by carrying the she goats, at that juncture appellant came there and asked the prosecutrix to accompany him at a place where they cannot be seen and when the prosecutrix did not accept his offer, the appellant threw her on the ground and by gagging her mouth committed sexual intercourse with her. Since the mouth of the prosecutrix was gagged by the appellant she was unable to scream. Anyhow, when she was released from the clutches of the appellant she started screaming and on hearing her scream, son of Nathua, his uncle Ghanshu and brother Chhanu arrived there and on seeing these persons the appellant flew from the place of occurrence. Blood was oozing from the vagina of the prosecutrix and she narrated the entire episode to her brother and uncle. Thereafter, they brought the prosecutrix at her residence where she narrated the entire incident to her father. On the next day i.e. 24.5.1992 the prosecutrix along with her father went to lodge the report.

(2.) The investigating Agency after registering the case against the appellant arrested him and sent him for medical examination.

(3.) After the investigation was over, a charge sheet was submitted in the committal Court which on its turn committed the case to the Court of Session and from where it was received by the Trial Court for trial.