ANAND Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 30/3/09 passed by the learned Additional Sessions Judge, Mungaoli, District Guna (M.P.) in S.T.No.358/06, convicting the appellant under sections 376 (2)(f) and 324 I.P.C. and sentencing him to suffer life imprisonment with a fine of Rs.1,000/-, in default of payment of which, one year's R.I., and again one year's R.I. with a fine of Rs. 500/-, in default of payment of which three months' R.I., the appellant has knocked the doors of this court by preferring this criminal appeal under section 374 (2) of the Criminal Procedure Code.

(2.) In brief, the prosecution case is that on the date of incident, i. e., on 12/5/06 at 12 o' clock, in the afternoon, the prosecutrix was at her home. At that juncture, the appellant, who is her own father, entered inside the house and bolted the door from inside and thereafter committed sexual intercourse with his own daughter. In the evening, when her mother arrived at, she narrated the entire episode and thereafter the F.I.R. was lodged.

(3.) The Investigating Agency after investigation, submitted charge-sheet before the committal court which committed the case to the court of Sessions and from where it was received by the Trial Court for trial. The learned Trial Court on the basis of the averments made in the charge-sheet, framed the charges under section 376(2)(f) and also under section 324 of I.P.C. against the accused-appellant, which he denied and requested for trial.