NAMAN Vs. STATE OF M P

JUDGEMENT

(1.) THE appeal has been preferred by the appellant being aggrieved by judgment dated 18.5.2011 passed by Sessions Judge, Chhindwara in S.T. No. 359/2010 whereby the appellant has been convicted for the offences punishable under Sections 376(1), 506 (Part I) of the IPC and sentenced to R.I. for 7 years with fine of Rs.1000/ - and R.I. for 6 months respectively with default stipulation.

(2.) THE prosecution's case, in short, is that on 17.5.2010 when the parents of the prosecutrix had gone to Maharashtra and she was with her minor brothers Vinay, Krishna and Deepak at home, at about 10:00 O' lock in the night, the appellant came to her house, compelled her to consume country made liquor, he himself also consumed the liquor, thereafter took her out of her room near a Mahua tree and committed the rape upon her and threatened her not to disclose this fact to anyone. Due to threat, the prosecutrix could not disclose this fact to her parents, thereafter after 15 days of the aforesaid incident, the appellant again committed the rape upon her in the field of Mahendra and thereafter again committed rape upon the prosecutrix near the house of Mahendra. It is further alleged that on 24.11.2010 Kamla Bai, the wife of the appellant quarreled with the prosecutrix, then the prosecutrix narrated the entire incident to her parents and thereafter lodged the report (Ex.P -4) at P.S. Damua. The prosecutrix was sent for medical examination. During investigation, it was found that the prosecutrix was minor at the time of the incident.

(3.) AFTER due investigation, the appellant was charge sheeted before JMFC, Junnardeo, who in turn committed the case to the Court of Session. The Court of Session framed the charges against the appellant under Section 306(1), 506(Part I) of the IPC.