KHUSHRAM @ KHATTAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant was convicted for the offence punishable under section 377 of IPC vide judgment dated 30.6.1998 passed by the JMFC, Banda, District Sagar in criminal case No.509/1991 and sentenced for 2 years' rigorous imprisonment with fine of Rs.500.00. In criminal appeal No.130/1998 vide judgment dated 10.8.1998 passed by the learned Additional Sessions Judge, Sagar, the appeal filed by the applicant was dismissed in toto. Being aggrieved with the judgments passed by both the Courts below, the applicant has preferred the present revision.

(2.) THE prosecution's case, in short, is that, on 5.5.1991, at about 5 p.m. in the evening, the applicant took one Kallo Bai, daughter of Hemraj to field for picking some fruits. When the prosecutrix came back, she was weeping and she had informed that the applicant committed sodomy with her. The blood was oozing from her anus. The complainant Hemraj had lodged an FIR and the victim Kallo Bai was sent for her medico legal examination. Dr.V.K.Jain (P.W.6) examined the prosecutrix and found that there was redness around her anal area and one laceration was also found on the margins of anus. After due investigation, a charge-sheet was filed before the trial Court.

(3.) THE learned Judicial Magistrate First Class, Banda, after considering the prosecution evidence, convicted and sentenced the applicant as mentioned above, whereas, the appeal filed by the applicant was dismissed in toto.