HOLAKRAM Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 17.02.1999 passed by First Additional Sessions Judge, Waraseoni, District Balaghat in S.T. No.96/1997, whereby the appellant has been convicted under Section 376 read with Section 511 of the I.P.C. and sentenced to R.I. for 2 years with fine of Rs.50/- with default stipulation.

(2.) The facts, in short, giving rise to this appeal are that on 18.04.1997, prosecutrix was going to the school alongwith Suryakant, appellant was standing on the door of his house. When she reached near the appellant, appellant caught hold her and took her inside the room of his house and thrown her on the ground and committed rape on her. Prosecutrix was minor on the date of incident. She has not disclosed this fact to anyone on the same day and on the next day, when her grandmother given bath to her and enquire about blood on her undergarments, then she narrated the story to her 2 grandparents. Thereafter on the third day, i.e., 20.04.1997, the report was lodged at Police Chowki Kherlanji. An offence was registered against this appellant. The prosecutrix was sent for medical examination.

(3.) After due investigation, appellant has been prosecuted before the Judicial Magistrate First Class, Waraseoni, who in turn committed the case to the Court of Sessions. The Sessions Judge made over the case to the trial Court. The trial Court initially framed the charge under Sections 376 and 506 of the I.P.C. against the appellant.