RAVI MAHESHWARI Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT/accused has filed the appeal against the judgment dated 8-3-2001 in S. T. No. 104/93 passed by learned Sessions Judge, Biaora District Rajgarh of his conviction and sentence under Section 376 of the IPC for the rigorous imprisonment of 10 years and fine of Rs. 1,000/and in default of payment of fine, further rigorous imprisonment for 6 months.

(2.) THE prosecution case is that on 16-3-93 at about 10 PM when Reshambai aged about 7 years was alone in her house, the accused committed the sexual intercourse with her. That the father of the prosecutrix saw the accused committing the rape. The FIR Ex. P-10 was lodged by Madanlal on next day on 17-3-93 at about 3 PM. That the prosecutrix was sent for her medical examination to Civil Hospital Biaora where Dr. Smt. Shashi Gupta (P. W. 3) has found the injury near her Majora and no definite opinion was given by her in her report Ex. P-3 about the commission of the rape. The Station House Officer K. K. Rajak (P. W. 11) recorded the FIR and after the usual investigation, the charge-sheet was filed against the accused under Section 376 of IPC.

(3.) THE accused has abjured the guilt and denied the prosecution story and pleaded false implication due to enmity.