JITU @ JITENDRA Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal being aggrieved by impugned judgment dated 17.11.2006 passed by the learned Special Judge and Additional Sessions Judge, Bhopal in S.T. No.64/2006 by which appellant has been convicted under Sections 376(1) and 366 of IPC and sentenced to undergo RI for 7 years and fine of Rs.1000/- and RI for 3 years and fine of Rs.1000/-, in default of payment of fine, he shall further undergo RI for 3 months on each count.

(2.) Facts, in short, are that the prosecutrix and the appellant were neighbours. In the night of 8-9/10/2004 at about 2.00 3.00 AM when prosecutrix went out from her house, the appellant enticed her and gave a Laddu to the prosecutrix. When prosecutrix ate the same, she become unconscious, thereafter appellant took her with him to Jhansi from where they went to the house of his uncle at village Damna. There they lived together for about 21 days. At that period appellant committed rape on prosecutrix. A missing report was lodged by father of the prosecutrix, Bhikam Singh, at Police Station Bagsevaniya, Bhopal. During investigation, prosecutrix returned back to her parental house. Thereafter an offence was registered against the appellant. Prosecutrix was sent for medical examination.

(3.) After usual investigation, the appellant was charge sheeted before Committal Judge, who in turn committed the case to the Court of Session. Learned Sessions Judge has framed the charges under Sections 376 and 366 of IPC against the appellant. Appellant abjured the guilt and pleaded false implication.