MAKHAN Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been preferred under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment, finding and sentence dated 14th September, 1993 passed by III Additional Sessions Judge, Sagar in Sessions Trial No.192/91 whereby the appellant has been convicted under Section 354 of Indian Penal Code and sentenced to R.I. for one year with fine of Rs.1,000/- in default of payment of fine R.I. for three months.

(2.) The prosecution case in short is that on 27th April, 1991 at 3:00 p.m. victim aged 10 years was returning to her house from well after taking bath.

(3.) The appellant was charged under Section 376 of IPC that on 27.04.1991 at village Kanera Dev he committed the rape on victim and thereby committed an offence punishable under Section 376 of Indian Penal Code.