JOKHI Vs. STATE OF M P

JUDGEMENT

(1.) By this appeal preferred under Section 374 of the Code of Criminal Procedure, 1973, the appellant has challenged the Judgment of conviction and order of sentence dated 9-3-1999 passed by 3rd Additional Sessions Judge, Sahlvpuri In Sessions trial No. 187/92 whereby he has been convicted under Section 376(2), IPC and has been sentenced to suffer R.I. of 10 years and fine Rs. 5,000/- in default fur ther R.I, of one year.

(2.) In brief the case of the prosecution is that in the afternoon of 18-9-1992 the prosecutrix who is an innocent child of 6 years, was accompanying her mother later on her mother Kusurn Bai, as she was walking little fast proceed ahead, later on the prosecutrix came to her, she was weeping. The mother noticed that the private part of the prosecutrix is stained by blood and blood was squeezing, on being asked, she said that appellant committed this hateful sin. The mother of the prosecutrix approached the appellant and asked why he has done such a sin, in reply when he denied, the mother of the prosecutrix snatched the towel which he was wearing and found the blood stains on his underwear. The mother of the prosecutrix narrated the incident to her husband and thereafter along with Chaukidar they went to lodge the report on the same day i.e., 18-9-2002 at 5 p.m. The first information report is Ex. P-6 which was lodged by PW- 4 Brakhlal.

(3.) On lodging the FIR criminal law was set in motion. The prosecutrix was immediately sent for medical examination and she was examined on the same date i.e., 18-9-2002 by P.W. 1 Dr. Veena. Her report is Ex. P-1. In furtherance to his investigation, the investigating officer arrested the accused, seized his undergarments, as well as that of the prosecutrix recorded the statement of the witnesses and after completion of the investigation, a charge-sheet was submitted in the competent Court, who on its turn committed the case to the Court of Session and from where it was received by the trial Court for the trial.