RAJU KUSHWAH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is Jail appeal. The appellant stands convicted under Section 376 of the Indian Penal Code. (here-in-after referred to as the Code). the record however indicates that at the most an offence can be said to have been committed under Section 354 of the Code. The prosecution story in brief is as under:. 1. Prosecutrix a child of seven years has stated that she knew the accused Raju earlier. As matter of fact, he is her maternal uncle. Raju's sister was married to Prakash father of the prosecutrix. She left her matrimonial house leaving behind four of her children to be brought up by the father. On the date of occurrence which is said to have taken place on 16th October, 1990, the appellant Raju is said to have come to the house of prosecutrix. He told her that he would narrate her a story. She states that he removed her underwear and undressed himself. He is said to have inserted a finger in her vagina and is also is said to have put his male organ in her private parts. She states that blood started coming out. On her grandmother reaching there, the appellant ran away.

(2.) THE grandmother has appeared as P.W.3. She has merely stated that she saw Raju and Nargis lying together on the cot. When she came there, Raju ran away covering himself with a towel. There is no other eye witness. The report was lodged by P.W.8, but when she appeared in the witness box, she denied the occurrence.

(3.) THE learned counsel for appellant has argued that :