DILIP Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22-10-1982 passed by the IXth Additional Sessions Judge, Indore in Sessions Trial No. 101 of 1982 convicting the appellant under S. 376 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for six months.

(2.) According to prosecution case the appellant on 16-3-1982 met the prosecutrix Ku. Sandhya (P.W. 1), a School girl aged 16 years, and proposed to marry her. He, under threat, took her in an auto-rickshaw to Bank Colony, Indore. From there in the evening he took her to Rajendra Nagar and from there to Mhow by bus. Then they boarded the train for Khandwa and reached there by 3 A. M. From there they proceeded to Kalyan (Maharashtra). On 17-3-1982 at Kalyan the appellant thrice committed rape on her in the residence of his elder brother Umesh. On 19-3-1982 the elder brother of the appellant brought them back to Indore and she was handed over to her parents.

(3.) At Indore, when the prosecutrix did not return home on 16-3-1982 her father Balkrishna (P.W. 3) lodged the report Ex. P6. After recovery of the girl the first information report vide Ex. P-7 was recorded against the appellant and investigation was set afoot.