MUNNAWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the Cr.P.C has been preferred challenging the conviction under Sec. 366, 376(2)(f) of the IPC and sentence of 7 years RI and fine of Rs.1,000.00 with default stipulation of one month's RI and life imprisonment and fine of Rs.1,000.00 with default stipulation of one month's RI vide judgment dtd. 18/8/2015 in Sessions Case No.384/2010 by 2nd A.S.J, Mhow, district Indore.

(2.) Case of the prosecution before the trial court was that child victim (PW/10), aged 5 years was playing outside the house at about 07.00 p.m on 12/1/2010. The appellant/accused came there where the child (PW/10) was playing and gagged the mouth of the child victim and took the child to the go-down shed of railway station, Mhow and committed penetrative sexual assault in a wagon stationed near the godown. On search the child (PW/10) was found in injured condition. Her face was swollen and blood was oozing from the urinal. Her clothes were blood stained. She disclosed the incident weepingly. The First Information Report was lodged by the father (PW/2) at 10.45 p.m on 12/1/2010 and a crime no.27/2010 was registered at PS, Mhow. After primary treatment at Civil Hospital, Mhow, the child (PW/10) was referred to MY Hospital, Indore. During investigation, the appellant/accused was identified as the person who committed penetrative sexual assault with the child (PW/10). Completing investigation, a report was submitted to the Court of JMFC, Mhow, district Indore where criminal case No.724/2010 was registered and vide order dtd. 12/4/2010 the case was committed to the Court of Session.

(3.) Charges under Sec. 376 and 376(20(f) of the IPC were framed and appellant/accused abjured the guilt and claimed for trial.