RAMSWARUP Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure 1973 preferred by the accused has been directed against a judgment dated 10th October 2003 delivered in Sessions Case No. 118/2003 by the Sessions Judge Shivpuri (M.P.), convicting the accused for committing rape on the prosecutrix, aged 13 years which is an offence punishable under Section 376(1) of I.P.C. and sentencing him to suffer seven years' rigorous imprisonment with a fine of Rs. 500/- (Rs. Five Hundred Only), in default of payment of which he was also directed to serve additional one month's imprisonment.

(2.) The incident, in brief, is that on 8th April 2003, at around 8-30 p.m., the prosecutrix accompanied with Veerwati Bai went at the tube well of her vicinity for drawing water. At that moment, accused Ramswarup reached and taking the advantage of her loneliness, as by that time, her colleague left the place, forcibly took the prosecutrix away to a place of Fundi and committed rape on her. The prosecutrix alongwith her parents went to the police station Chharha, district Shivpuri and lodged the F.I.R. The investigation was set in motion. She was medically examined. The case diary statements of ocular witnesses were recorded. The accused was arrested and after his arrest, he was medically examined.

(3.) The contention of the learned counsel appearing for the appellant is that appellant is a juvenile under Sections 7(2) and 20 of the Juvenile Justice (Protection and Care of Children) Act, 2000, hereinafter referred to as the 'Act 2000' but the trial Judge without enquiring into the age of accused straightway held him guilty in utter disregard to the mandatory provisions. Even otherwise, as per learned counsel there was no evidence against the accused to hold him guilty and in such circumstances, the accused could not be convicted for the alleged offence of rape. It is, therefore, prayed that by allowing this appeal, the accused may be acquitted of the alleged offence.