RAMESH @ DABBU Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 28.6.1996 passed by the learned First Additional Sessions Judge, Bhopal in S.T.No.445/1994, whereby the appellant was convicted for offence punishable under Section 376 of IPC and sentenced with 7 years rigorous imprisonment.

(2.) The prosecution's case, in short, is that, on 16.3.1994, Sadhna Bai (P.W.1) had lodged an FIR, Ex.P/4 in Rojnamacha at Police Station Jahagirabad, District Bhopal that her married daughter, the prosecutrix went to the school to drop her younger brother but, she did not come back. Thereafter, a search was initiated and the prosecutrix was recovered on 21.3.1994. She was produced before the Investigation Officer at Police Station Jahagirabad. The prosecutrix had informed that on 16.3.1994, when she was coming back after dropping his brother Kishan at Anand Vidya Mandir School, the appellant met her on the way and forced her into an auto-rickshaw and took her to a village of Vidisha District and kept her in the house of his relative. Also, he committed rape upon the prosecutrix. The prosecutrix was referred for her medico legal examination. Dr.Pratibha Dubey examined her at Katju Hospital, Bhopal and gave her report, in which no definite opinion could be given. The police had also collected mark-sheet of the prosecutrix to assess her date of birth. The appellant was also arrested and sent for his medico legal examination. After due investigation, the charge-sheet was filed before the Additional Chief Judicial Magistrate, Bhopal, who committed the case to the Sessions Court and ultimately, it was transferred to the learned First Additional Sessions Judge, Bhopal.

(3.) The appellant abjured his guilt. He took a plea that he was innocent and he was falsely implicated in the matter. No defence witness was examined. However, documents Ex.D/1 to Ex.D/5 were produced in defence.