OM PRAKASH SAHU Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT Omprakash has preferred this appeal against his conviction and sentence recorded under section 376 IPC by Sessions Judge, Guna. The appellant/accused was convicted under section 376 IPC for committing rape with Gangabai (P.W. 1).

(2.) GANGABAI (P.W. 1) is the daughter of Shakuntala Bai (P.W. 3) and Bhimsingh (P.W. 4). Bhimsingh (P.W. 4) was the tenant of Shyamlal, father of the accused. He was residing with his family on the first floor of the house.

(3.) IT was on 19.3.1986 when Gangabai (P.W. 1) came to Guna along with her mother and submitted the written report, Ex. P/1. This report was sent to police station Myana, where on 20.3.1986, offence was registered under section 376 IPC at Crime No. 36/86 against the accused/appellant. Gangabai (P.W.1) was sent for medical examination. Dr. Harjeet Kaur (P.W. 9) examined her on 19.3.1986. According to doctor at that time Gangabai was having six or seven months pregnancy. For determination of age, her accification test was done by Dr. R.K. Jain (P.W. 2). On the basis of radiological data, doctor opined her age above 18 years.