TEJ KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants/accused being aggrieved by the judgment of conviction and sentence passed by the Additional Sessions Judge, Chhatarpur, in S. T. No. 112/ 1997, hdve filed this appeal challenging the correctness, propriety and validity of the findings and sentence.

(2.) By the impugned judgment the appellant Tej Khan has been convicted for offence punishable under Section 376(1) of the I.P.C. for having committed rape on a minor girl, namely'Haseena, aged 11 years. The appellant Gafboran has been convicted for offence punishable under Section 376 read with Section 120-B of the I.P.C., as she entered into a conspiracy with appellant Tej Khan for the commission of rape on the said girl. Both of them have been sentenced to R. I. for ten years and pay fine of Rs. 1000/-, in default they are to undergo further R.I. for one year each.

(3.) Succinctly narrated, the prosecution case is as follows : Prosecutrix Haseena is daughter of Rasool Mansoori, resident of Isha Nagar. On 10-4-97 Haseena was cooking food in her house. Her parents had gone for their routine work as labourers. The appellant Gafooran went to the house of the prosecutrix and told her that her uncle (appellant Tej Khan, husband of appellant Gafooran) is calling her. Haseena accompanied Gafooran to her house. Gafooran took the innocent girl to a room where the appellant Tej Khan was present. After leaving the girl in the room she bolted from outside. In the closed room appellant Tejkhan committed rape on the prosecutrix.