RAHUL @ UMESH HADA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the appellant aggrieved of the judgment dated 18.08.2010, passed by the learned II Additional Sessions Judge, Shajapur in Sessions Trial No.104/2010, whereby he has been convicted under Sections 376, 506 -II and 342 of IPC and sentenced to 10 years rigorous imprisonment with fine of Rs.10,000/ - under Section 376 of IPC, 2 years rigorous imprisonment with fine of Rs.5,000/ - under Section 506 -II of IPC and one year rigorous imprisonment with fine of Rs.1,000/ - under Section 342 of IPC.

(2.) According to the prosecution story, the prosecutrix who was only 14 years of age at the time of incident, reported on 06.03.2010, at Police Station Sarangpur, district Shajapur that on 24.02.2010 at about 3 P.M., the present appellant came to her house, where she was working in a flour mill that was installed in the house itself and asked that the sister of the present appellant and friend of the prosecutrix Harshita was calling her. Believing him, she went to the house of the present appellant, but Harshita was not there. The present appellant took her to a room inside the house, bolted the room from inside and committed rape on her. He further threatened her that if she discloses the incident to anybody, he would kill her father.

(3.) Further as per the story of the prosecution, after the incident, the appellant alongwith other co -accused came to her flour mill and threatened her that she should send her sister to them otherwise they would defame them. After some time, she narrated the incident to her parents and her brother and the matter was reported on 06.03.2010 after delay of about 10 days.