REVA SHANKAR Vs. STATE OF M P

JUDGEMENT

(1.) This is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment dated 24.8.92 passed by Ist Additional Sessions Judge, Sehore in Sessions Trial No.73/86 whereby, the appellant/accused Reva Shankar has been convicted under Section 376 read with Section 511 of I.P.C. and sentenced to undergo 4 years rigorous imprisonment and a fine of Rs.2000/- and in default, one year simple imprisonment.

(2.) According to the prosecution story, the appellant/accused Reva Shankar used to go to his work place from the front of the house of Bhaiyalal. On 10.1.85, the prosecutrix, who is daughter of Bhaiyalal, was sitting in front of her house along with her two sisters and at that time, no other family member was present. The appellant came to the house of prosecutrix and asked to bring water, which was given by the prosecutrix. Thereafter, the appellant sat near the prosecutrix and when she tried to flee, he caught hold of her and took her inside the room. The prosecutrix and her sisters raised an alarm, but the appellant committed rape on the prosecutrix. She became unconscious. After hearing the noise, the mother of the prosecutrix reached and when the prosecutrix regained consciousness, she told the whole story to her mother, who informed other ladies. Bhaiyalal came back on the next day.

(3.) The matter was investigated by the Police Station Nasrullahganj. The prosecutrix was sent to hospital for medical examination. It was found that the prosecutrix was less than 16 years of age at the time of incident. On completion of investigation, the charge-sheet was filed.