LACHHU@ LAKSHMAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is directed by the appellant being aggrieved by the judgment dated 9.9.1992 passed by the Ilnd Additional Sessions Judge, Sagar in Sessions Trial No. 6/92 convicting the appellant for the offence under section 376 read with section 511 of the IPC with a direction to undergo RI for five years.

(2.) THE factual matrix of the case in short is that on dated 10.12.1991, the prosecutrix Meera Bai, aged 11 years, was sleeping in her house all alone as her parents had gone to Sagar in respect of treatment of her mother. The appellant was also sleeping outside of the house in the courtyard of it. In the night, said Lachchhu by opening the door of the house, entered inside and committed rape on the prosecutrix Meera Bai. On returning her parents from Sagar, she mentioned the incident to her mother who further mentioned to her husband, Then other villagers were also informed about it. Subsequent to it, on dated 11.12.1991 at5 'o'clock in the evening, this matter was reported to Police Station Rohatgarh where the offence under section 376 of the IPC was registered against the appellant. The prosecutrix was sent to hospital where her medical examination was carried out and MLC report was prepared. During the course of investigation witnesses were interrogated and the appellant was arrested. The clothes of the prosecutrix were also seized and on medical examination slides of vaginal fluid were also prepared. The same were sent to Forensic Laboratory for chemical examination. On completion of the investigation, the appellant was charge-sheeted for the offence under section 376 of the IPC.

(3.) SHRI Abhinav Dubey, learned counsel for the appellant assailed the judgment on the ground that the aforesaid conviction is not based on the evidence available on the record. By referring the deposition of the prosecutrix Meera Bai and her father and mother, namely, Durgan and Rampyari Bai, he said that they have not stated anything against the appellant. On the contrary, they were turned hostile at trial. Inspite it, they have not stated anything against the appellant. By referring the deposition of other witnesses, he said that the circumstances in respect of the alleged offence have not been proved on the record. In the absence of any evidence regarding material ingredients of the alleged offence, appellant could not be held guilty or convicted under the alleged section. With these submissions, he prayed for allowing his appeal.