MAHESH CHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant-accused had filed the Criminal Appeal No. 996 of 1998 under Section 374 of the Code of Criminal Procedure (for short "the Code") and Slate has filed the Criminal Appeal No. 138 of 1997 under Section 377 of the Code and Criminal'Appeal No. 144 of 1997 under Section 378 of the Code against the judgment and order dated 30th October, 1996 in Special Case No. 69/1994 by learned Special Judge, Shajapur. The appellant was convicted and sentenced under Section 302 of I. P. C. for the life imprisonment and fine of Rs. 5,000.00, in default, RI of 5 years, under Section 376(2)(f) of the I. P. C. for the rigorous imprisonment of 10 years and fine of Rs. 1,000.00, in default, RI of 1 year and under Section 201 of the I. P. C. for the rigorous imprisonment of 5 years and fine of Rs. 1,000.00, in default, R. I. of 1 year. State has filed the Criminal Appeal No. 138 of 1997 for enhancement of sentence and awarding the death sentence. The Criminal Appeal No. 144 of 1997 is filed againstkc- quittal of the accused from the offence punishable under Sections 3(l)(xi) and (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The admitted facts of the case are that accused Mahesh Chandra used to live in a house near Sekawar Dharmashala situated near Vaikunth Lane at Shajapur. That the house of the father of the prosecutrix Sangeeta aged 7 years was near to the house of the accused. That on the day of the incident i.e. 11-3-1994 at about 6.00 p.m. O.K. Mishra (PW-17) Station House Officer of Police Station, Shajapur directed his staff to apprehend the accused and soon thereafter the accused was arrested by the Station House Officer (PW-17).

(3.) The prosecution case is that the accused was in habit of calling the minor girls in his house. That on 11-3-1994 at about 2.45 p.m. the accused has committed the rape with Sangeeta aged about 7 years in his house and thereafter the injuries were caused on her cheek, her eyes and other part of the body and she was thrown out in the adjoining courtyard of the Dharmashala. That Mishrilal Sharma (PW-13) and others who were living near Dharmashala went to the police station and reported that the dead body of a girl was lying naked in the courtyard of the Dharmashala. After recording the Marg Ex. P/5, Station House Officer D. K. Mishra (PVV-17) went to the spot and the Panchnama of the dead body of Sangeeta was prepared. That it was found that the vagina of the girl was bleeding and she was having the extensive injuries on her entire body and there was fracture of both the legs. That the plain and the blood soil earth was seized from the spot. The spot map Ex. P/25 was prepared. That on the same day 11-3-1994 at about 6.00 p.m. the accused was apprehended and arrested vide Memo Ex. P/13. That during the interrogation his statement under Section 27 of the Evidence Act was recorded and on the basis of his statement, the underwear, frock and the sandals were recovered which were kept hidden under the wall near the house of the accused. Thereafter the house of the accused was got opened from his key and the blood soil mattress and the cover-sheet were seized vide Ex. P/15.