LAWS(MPH)-2017-10-265

TANTU LAL @ TANTU Vs. STATE OF MADHYA PRADESH

Decided On October 24, 2017
Tantu Lal @ Tantu Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is yet another unfortunate incident disgracing and shaking the very foundation of a relationship of a grand-father and grand-daughter which is under scrutiny of this court.

(2.) This criminal appeal under Section 374(2) of the Code of Criminal Procedure has been preferred by the appellant being aggrieved by the judgment and order dated 28/11/2006 passed by the Special Judge & Additional Sessions Judge, Bhopal in S.T.No.340/2005, whereby the appellant has been convicted under Section 376(2)(f) of IPC and sentenced to life imprisonment with fine of Rs.1,000/-, in default of the same he is further sentenced to RI for three months.

(3.) The prosecution case in short is that an FIR Ex.P/4 was lodged at Police Station Bairasiya District Bhopal on 9.8.2005 by complainant PW-5 Kalu Ram son of the present appellant to the effect that when he and his wife Phoolwati reached at home at around 4 in the evening, their son Balram informed them that their daughter aged five years was taken by his father towards the jungle and when Kalu went to the Jungle, he saw that her daughter was being raped by her grand-father appellant Tantulal. The incident was witnessed by the complainant Kalu and his wife Phoolwati only and when they reached on the spot, his father ran away from the spot. His daughter was unconscious when he reached on the spot and her daughter was bleeding from her private part. Soon after the FIR was lodged, the prosecutrix was taken to the Community Health Centre, Bairasiya District Bhopal wherefrom she was referred to the Sultaniya Janana Hospital, Bhopal. After completing the investigation, charge sheet was filed against the appellant under Section 376 of IPC, and the learned Special Judge and Additional Sessions Judge, Bhopal after recording the evidence convicted the appellant under Section 376(2)(f) of IPC and sentenced as mentioned above.