LALE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the Cr.P.C. is filed by the appellant being aggrieved of the judgment dtd. 12/2/2016 passed by the learned 1s t Additional Sessions Judge, Sidhi, District Sidhi in S.T. No.60/2014, whereby the learned trial Court has convicted and sentenced the appellant in following terms as under :-

(2.) Learned counsel for the appellants submits that, as per the prosecution case, on 17/2/2014 at about 08:30 p.m., when the prosecutrix, aged about 8 years, was at home with her two nieces and her mother, brother, and sister-in-law had gone to attend a Barahon function at a relative's house, the appellant/accused allegedly committed forcible sexual intercourse with her without her consent. It is further submitted that the appellant is innocent and has been falsely implicated due to a prior dispute between him and the mother of the prosecutrix. It is also contended that there are several contradictions, omissions, and improvements in the testimonies of the prosecution witnesses, and therefore no implicit reliance can be placed upon such evidence. Additionally, it is argued that the medical report does not support the version of the prosecutrix, and according to the doctor, no definite opinion regarding forcible sexual intercourse could be given by Dr Babita Khare (PW-9) and as per her opinion, an attempt was made to have sexual intercourse with victim. In such a situation, the accused cannot be held guilty under Sec. 376 IPC r/w Sec. 3/ 4 of Protection of Children from Sexual Offences Act 2012. In these circumstances, it is prayed that the judgment of conviction and sentence passed by the learned trial Court be set aside and the appellant be acquitted from the aforesaid charges.

(3.) Shri Ajay Tamrakar, learned Public Prosecutor for the State, supported the judgment of conviction passed by the trial Court.