PHOOL CHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Phool Chand stood trial under Section 376 of I.P.C. and has been held guilty vide judgment dated 26.9.2002 in S.T. No. 153/2001 pronounced by the learned First A.S.J., Guna, the appellant has been sentenced to life imprisonment. This appeal has been filed under Section 374, Cr.P.C. assailing the conviction and sentence. The undisputed facts of the case are that the prosecutrix is the minor daughter of the accused/appellant. Medical report prepared by Dr. A.S. Ojha which disclose, that there is no disease or deformity which can make the appellant incapable to perform sexual -intercourse, has been admitted by the appellant under Section 294 of Cr.P.C.

(2.) THE prosecution story in brief is that Guddi Bai (PW -2), is the mother of the minor prosecutrix aged about 15 years has been examined as PW -1. Five days earlier to 24th February, 2001 the complainant Guddi Bai had gone to wash her face and hands. When she returned she saw that her husband (accused) is committing sexual -intercourse with her minor daughter. On seeing this she fainted. After she regained consciousness she asked her husband what he was doing. The appellant Phool Chand replied that he can do whatever he wants to do with his daughter. He used to lock the prosecutrix inside the house and the prosecutrix was also subjected to assault by the accused. She has also alleged in her report that the prosecutrix also stated to her that prior to this incident, her father committed sexual -intercourse with her. The accused used to keep the complainant and the prosecutrix inside the house and they were not allowed to go out. On 24/2/2001 with great difficulty, the complainant came out with her daughter and lodged the report at Police Station Raghogarh, District Guna. She further alleged that the accused subjected them to harassment. They feel insecure and possibility of the accused again committing sexual -intercourse in future is very likely.

(3.) AFTER affording opportunities, the learned trial Court passed the impugned judgment on 26.9.2002; held the accused guilty under Section 376(1) of I.P.C. and sentenced him to life imprisonment.