SADHOO ALIAS SADHURAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant Sadhoo alias Sadhuram having been convicted by Ist Additional Sessions Judge, Damoh in Sessions Trial No. 80/91 deciding the charges against him on 27-6-1992 and convicted for committing offence under Section 376(2)(f), 366-A and 363, Indian Penal Code, whereunder sentenced for 10 years, 5 years and 3 years rigorous imprisonment respectively, has approached this Court by means of the present appeal which is being decided on merit after hearing learned counsel for the State and the accused who is present in person before this Court.

(2.) Though the accused was represented through a Lawyer but was not granted bail. This Court on 1-11-1996 when the case was posted for hearing passed an order to the effect that none present for the appellant when the case was called for in the second round and directed for issuance of production warrant of the appellant of a date for hearing of this case in the presence of the appellant. The appellant is brought in person before this Court. It needs to be mentioned here that the learned State counsel Shri S. K. Gangrade, Panel Lawyer, was very fair in properly assisting the court specially in the circumstances of the present case where the accused is the person neither conversant with the legal position nor record of his case. The sentences awarded to the accused-appellant under Sections 363, 366-A and 376(2)(f) of the Indian Penal Code, were made to run concurrently.

(3.) The prosecution case in brief is that on 17th Feb. 1991 Ku. Anita aged 11 years daughter of Ram Prasad (P.W. 2) at about 8.30 p.m. went to attend the marriage in the locality and while way back to her home at about 9.00 p.m. the accused mho met her tried to catch hold her, who tried to rush towards her home but the accused who caught hold her, took to the field and thereafter to a dilapidated house of guard-line and committed rape on her but her cry could not attract anybody. Accused, thereafter, took her to a newly constructed house near the railway station where also be committed rape twice on her. Ex. P. 14 dated 18-2-1991 is the report of missing of Ku. Anita (Gumsudi report). FIR was recorded on 18-2-1991 (Ex. P. 4) which was recorded by P.W. 7 A.S.I. Kotwali Damoh at about 7.45 p.m. Accused was arrested on 19-2-1991 by P.W. 7 the investigating officer. In his statement in para 3 he stated date as 20-2-1991 which apparently seems of be a typographical error and has no adverse impact on the prosecution case.