KAILASH Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT /accused has filed this appeal being aggrieved by the impugned judgment dated 19 -1 -2000 rendered by the Special Judge, Bhind in Special Case No. 306/97, whereby the accused has been convicted under section 376 of Indian Penal Code and sentenced to undergo life imprisonment and to pay a fine of Rs. 500/ - and in default of payment of fine, he is further directed to suffer six months rigorous imprisonment.

(2.) UNDISPUTED facts of the case are that Guddi aged around 2 -3 years is daughter of complainant Munnalal (PW 1). Ramkaran (PW 4) is brother -in -law, Ramprasad (PW 8) is father -in -law and Munnibai (PW 9) is wife of complainant Munnalal (PW 1).

(3.) AFTER investigation, accused was charge -sheeted. After committal of the case, the trial Court framed charge against the accused under section 376 of Indian Penal Code and in the alternative under section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, as the girl was member of scheduled caste whereas the accused was Brahamin by caste. The accused abjured his guilt.