MANISH VERMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal has been filed under section 374 of Cr.P.C., 1973 against the judgment dated 27.11.2007 passed by 6th ASJ, Gwalior in Sessions Trial No. 146/2007 by which the Trial Court acquitted the appellant for offence under Section 294, 323 of IPC and convicted the appellant for offence under Section 376 r/w Section 511 of IPC and sentence him to undergo the rigorous imprisonment of four years and a fine of Rs. 1,000/- with default imprisonment.

(2.) The necessary facts for the disposal of the present appeal in short are that on 2.2.2007 the complainant Smt. Pushpa Rathore lodged a report alleging that she is a tenant in the house of one Tiwari in which the appellant also resides along with his family members. On 1.2.2007 at about 8:00 PM, her daughter aged about 2 years had gone to the house of the appellant for playing. The appellant took her daughter in his lap and took her in his room and closed the room from inside. When the room was got opened, it was found that the undergarments of the prosecutrix were already removed and the appellant was also naked and was trying to commit rape on the prosecutrix and the prosecutrix was lying on the appellant. The police after recording the FIR, recorded the statements of the witnesses and after completing the investigation, filed the charge sheet against the appellant for offence under Section 376/511, 323, 294, 506 of IPC.

(3.) The Trial Court by order dated 17.5.2007 framed charges under Section 294, 323, 376 r/w Section 511 of IPC. The appellant abjured his guilt and pleaded not guilty.