VEERAM Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 of CrPC has been filed against the judgment dated 12/05/2010 passed by Additional Sessions Judge, Chachaura, District Guna in ST No.280/2009 by which the appellant has been convicted under Section 376,506 of IPC and has been sentenced to undergo the rigorous imprisonment of 10 years and fine of Rs.1000/- with default imprisonment and rigorous imprisonment of one year and fine of Rs.200/- with default imprisonment respectively. The sentences were directed to run concurrently .

(2.) This appeal was filed by the appellant from jail. It was listed for final hearing but nobody appeared on behalf of the appellant to argue the appeal. Accordingly, this Court requested Shri R.K.S.Kushwaha, counsel who is in the Panel of Legal Aid Advocates, to go through the record and argue the matter. Shri Kushwaha has a vast experience of arguing the criminal matters and he graciously accepted the request made by this Court. Shri R.K.S.Kushwaha went through the file for about 1 and 1/2 hours and, thereafter, argued the matter at length.

(3.) The necessary facts for the disposal of the present appeal in short are that on 01/07/2009 at about 17:30, the prosecutrix lodged a FIR against the appellant alleging that at about 15:00 she, alongwith her cousin brother Gauri Shankar and sister Maya, had gone to meet her parents who are laborers in Bhilwara. On the way, the appellant met with her and said that he knows her father and informed that he would go via Bhilwara. Thereafter, she alongwith her cousin brother and sister reached on the road which goes towards Amaser. At that time, the appellant said that the prosecutrix and he would go to his matrimonial house at Brahmapura and in the meanwhile her cousin sister and brother may go to Chachaura and later on they would join them. Thereafter, the appellant took her to Konya Dang Amaser road and tried to open her Salwar. When she objected to it, the appellant threatened that he would kill her. The appellant forcibly removed her Salwar and committed rape. The prosecutrix all of a sudden started shouting as a result of which she was saved by by-passers. After noticing the by-passers, the appellant ran away. The prosecutrix alongwith by-passers Mangilal, Ram Singh, Pritam Bheel went to the police station to lodge the FIR. The police registered the case and sent the prosecutrix for medical examination. Ossification Test of the prosecutrix was got conducted to ascertain her age. The appellant was arrested, statements of the witnesses were recorded and after completing the investigation, the police filed the charge-sheet against the appellant for offences under Sections 376,506 (part II) of IPC.