ASHRAF Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Sec. 374 of Cr.P.C., 1973 is preferred being aggrieved by judgment dtd. 30/1/1999 in S.C. No.198/1998 by 13 Additional Sessions Judge, Indore whereby the appellant/accused has been convicted under Sec. 376 read with Sec. 511 of IPC and has been sentenced for 5 years R.I. within fine of Rs.1000.00 with default stipulation of 03 months R.I.

(2.) Facts in brief are that there was a marriage celebration at Kabutarkhana, Indore in neighborhood of child/victim (PW-1). The victim and her mother (PW-2) were also present to participate in the marriage ceremony organized in the intervening night of 7 and 08/02/1998. During the marriage function, the victim got missed and resident of Kabutarkhana, Mustak Ali (PW-5) rushed towards the place from where the noise of crying and weeping was coming. Modh. Siddiqui (PW-4) and Mohd. Nasir (PW-6) have also followed Mustak Ali. At about 12:30:AM in the intervening night, they found that a sound is coming from the Gumti situated near wooden tall of Mohd. Nasir and Jafar and the gate of the said Gumti was partially closed and the appellant/accused was lying on the victim, the appellant was undressed and the child was also without cloths, the appellant was indulge in sexual act, the child/victim was crying due to pain. The appellant/accused tried to free from the spot and he was caught by them, they took the appellant at Police Station Pandhrinath, Indore immediately alongwith the victim/child. At 00:45AM in the morning of 8/2/1998, the report Ex.P/4 was lodged by Mustak Ali (PW-5).

(3.) The appellant/accused was taken into custody vide Ex.P/6. Both were medically examined. Materials were collected for examination. Spot map was prepared. Statements of the witnesses were recorded. During investigation, birth certificate of the victim was taken on record and after the investigation, final report was submitted under Sec. 376(2)(f) of IPC.