SHEELA BAI Vs. STATE OF M P

JUDGEMENT

(1.) This judgment will also dispose of M. Cr. C. No. 880/93.

(2.) Accused Sheelabai is the mother of accused Ashok Kumar. They have both been convicted of an offence punishable under Section 366 of the I.P.C. and sentenced to undergo rigorous imprisonment for three years. Ashok Kumar has further been convicted of an offence punishable under Section 376 of the I.P.C. and sentenced to rigorous imprisonment for a period of seven years. Both these sentences have been ordered to run consecutively.

(3.) Prosecution case is that prosecutrix Shantibai is the minor daughter of Gopal alias Gafloo (P.W. 2). On or about 13.1.1990, she had gone out at her house to ease herself. From there she was kidnapped by two above referred accused persons with the intent that she would be compelled to marry against her wishes, They took her to Shajapur where she was made to stay with accused Ashok Kumar. She was sexually molested by Ashok Kumar, whoT had repeated sexual intercourse with her. She was finally rescued by Head Constable Ambika Prasad (P.W. 4). On 16-3-1990, she was brought back to Khurai. She was sent for medical examination on 17-3-1990, where Dr. Smt. K. Saxena (P.W. 10) carried out the physical examination. For confirmation of age she referred her to radiological examination, which was conducted by Dr. A.N. Tripathi (P.W. 11), who assessed her age to be above 15 years but\below 18 years. During investigation the School Leaving Certificate was also obtained from Ramcharan Sahu (P.W. 5), a teacher of the school. On completion of investigation a challan was put up against both the accused persons.