LALA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dt.30-9-1981 passed by the Sessions Judge, Rajgarh (Biora) in S.T. No.23 of 1981 convicting the appellant Lala and his co-accused Rughnath (since deceased) of the offence under S.376 IPC and sentencing each of them to S.I. for one year.

(2.) According to the prosecution, the appellant and his co-accused Rughnath had committed rape on Mst. Prembai, a minor girl aged about 12-13 years on 5-1-81 within the jurisdiction of the police station Machalpur in District Rajgarh (Biora).

(3.) The case was committed to the Court of Session by the Chief Judicial Magistrate Rajgarh by his order dt. 6-4-81 and after the trial, the Sessions Judge convicted and sentenced the appellant as stated above. However, in view of Ss.26 and 27 of the Children Act 1928, he ordered that the appellant be sent to the Reformatory School Narsinghpur.