ASHOK ALIAS PAPPU Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment passed by Sessions Judge, Shajapur, whereby convicting the appellant under Section 376(2)(f) read with Section 511 of IPC to undergo seven years R. I. with fine of Rs. 1000/- and in default of payment of fine to undergo further R. I. for three months, in Sessions Trial No. 125/2004 on 27-10-2004.

(2.) The prosecution case in short is that on 7-7-2004 at 1.00 p.m. prosecutrix Ritu aged nine year was studying in her school. She saw that her she-calf was going towards forest upon which she went from the school to catch it. The appellant Ashok was fixing fencing in his field. The prosecutrix Ritu asked the appellant to help her to catch the she-calf. The appellant instead of helping her, made the she-calf to run away on which prosecutrix also tried to follow the she-calf but her way was obstructed by the appellant. Appellant threw her on the ground, thereafter opened his pant as well as undergarment of the prosecutrix and tried to commit bad act. The prosecutrix raised alarm and ran away from the place of incident. After reaching her house, she disclosed the incident to her parents. Her father Amritlal lodged the report on 7-7-2004 at 3.15 p.m. in police station Salsalai. The police got the prosecutrix examined medically and after necessary investigation, filed the charge-sheet against the appellant u/Ss. 376/511 and 341 of IPC.

(3.) The appellant denied the charges. According to him, he was falsely implicated on account of land dispute. He did not examine any witnesses in his defence. The learned trial Court, after examining the prosecution witnesses and hearing both the parties, convicted the appellant as mentioned above. Hence this appeal filed by the appellant.