HARISHANKAR Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 19.8.1998 passed by learned Second Additional Sessions Judge, Chhattarpur in Sessions Trial No. 70/97 convicting the appellant under section 376 (1) IPC and thereby sentencing him to suffer R1 of 10 years and fine of Rs.200.00; in default of payment of fine, further R1 of 1 month, the appellant has knocked the doors of this Court by preferring this appeal under section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) In brief the case of prosecution is that prosecutrix having age of 9 years was residing along with her parents. On the date of incident appellant under the pretext that he is going to Mela (fair) took permission of the mother of the prosecutrix to carry the prosecutrix with him so that she may also be able to purchase the earthen pitcher pot (Matka) as a result of which the mother of the prosecutrix accorded her permission and eventually the appellant upon his bicycle carried the prosecutrix to the fair. In the fair, appellant met with his friend co-accused Pawan Tiwari alias Sanju and both of them carried the prosecutrix nearby a Nala under the pretext that appellant is required to go for evacuation. However, nearby the Nala, the co-accused Pawan Tiwari caught hold the prosecutrix and undressed her while appellant committed rape over her. The prosecutrix who was minor at the time of incident was screaming but nobody came there to rescue her. She was also not ready to have sexual intercouse with appellant and was not a consenting party. On coming back to her home, she narrated the entire episode to her parents as a result of which FIR was lodged by the prosecutrix in the connecting Police Station.

(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 Sessions and from where it was received by the Trial Court for trial.