STATE OF M.P. Vs. RAKESH CHOUDHARI

JUDGEMENT

(1.) THIS petition registered under suo motu revisional jurisdiction of High Court, arose out of Judgment dated 30.10.1999 passed by the learned VII Additional Sessions Judge, Jabalpur, District Jabalpur in S.T. No.368/1998 whereby respondent has been convicted under sections 366A and 376/511 of the IPC and sentenced to undergo RI for 4 years and fine of Rs. 1,000/ - and RI for 5 years and fine of Rs. 1000/ -, with default stipulations.

(2.) FACTS , in short, giving rise to this petition are that on 22.5.1998 at 3 -4 noon respondent had took away minor prosecutrix on a bicycle and thereafter attempted to commit rape on her. Bernard (PW7), mother of the prosecutrix, has lodged the report Ex. P -8 at Police Station Ranjhi, Jabalpur Minor prosecutrix was sent for medical examination. Dr. Smt. Pushpa Pandey (PW3) and Dr. Reeta Shukla (PW5) examined her and opined that someone has molested her. After investigation, accused/respondent was arrested. He was medically examined by Dr. P.K. Sharma (PW4) and found competent to perform intercourse.

(3.) AFTER due investigation, the accused/respondent has been charge sheeted under sections 366Aand 376/511 of IPC.