PHOOL CHAND Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Phool Chand stood trial under Section 376 of IPC 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.

(2.) 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.

(3.) HAVING received the written complaint, the Police Station, Raghogarh District Guna lodged a report and after due investigation submitted charge sheet under Section 376 (1) of IPC. The learned ASJ, Guna explained the charge under Section 376 (1) of IPC to the accused appellant. The appellant abjured guilt. In his examination the appellant has stated that the prosecutrix is aged about 19 years, she is not minor. He further stated that the prosecutrix is tutored by her mother "Guddibai". Guddibai is not a woman chaste. She has been having illicit relationship with other persons. She is in the habit of not staying in in the house during night which, the husband accused did not like. On his opposing the same, the complainant became annoyed. The prosecutrix is also aware of her unchaste behavior. Because the accused appellant restricted the complainant to lead such a life, she lodged this false report against the accused appellant. The appellant / accused has further stated that he has been falsely implicated and the complainant has taken such steps, so as to put the appellant in jail and the complainant would lead an unrestricted independent life.