GAGAN Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 24.08.2016 rendered by XIII Additional Sessions Judge, Indore, whereby appellant Gagan has been convicted and sentenced as under: <FRM>JUDGEMENT_200_LAWS(MPH)5_2017_1.html</FRM>

(2.) Prosecution story, briefly stated, is that appellant Gagan, R/o Gadi Adda, Harijan Colony, Indore was having acquaintance with the prosecutrix, aged about 14 years, daughter of Ashok (P.W.1), R/o Kacha Masania, Harijan Colony, Indore. Gradually, he developed friendship with her and thereafter, they started roaming here and there. Allegedly, on 06.10.2015 around 9.30 p.m. when the prosecutrix was walking around in front of her house, appellant Gagan along with his cousin sister Sangeeta came there. As per prosecution, the prosecutrix after being threatened was taken by them to the house of Sangeeta (co-accused before the trial Court), where she was made to stay and was also subjected to rape by the appellant. Thereafter, in the night itself she was shifted to the house of appellant Gagan and was kept there for 2 days. Allegedly, during this period, she was also subjected to rape by the appellant. On 08.10.2015 at the instance of Ashok (P.W.1), FIR (Ex.P/1) was registered at Police Station Raoji Bazar against appellant Gagan and Sangeeta Bai. As per prosecution in the intervening night of 8-9th October, 2015 around 0:20 hours she was recovered by the police from the house of appellant Gagan, vide recovery memo Ex.P/2. The prosecutrix was sent for medical examination. The appellant was arrested. He was also sent for medical examination and was found sexually fit. The witnesses were interrogated. The scholar's register of the prosecutrix Ex.P/13 was seized. After usual examination, a charge-sheet was laid against the appellant and co-accused Sangeetabai.

(3.) Charges for offences under Section 363, 366, 376(2)(i), 376(2)(n) and 506 of IPC r/w Section 5/L of 'the Act of 2012' were framed against appellant Gagan, while charges under Section 363, 366, 376(2)(i)/109, 376(2)(n)/109 and 506 of IPC r/w Section 5/L of 'the Act of 2012' were framed against co-accused Sangeetabai. Appellant Gagan and co-accused abjured the guilt and claimed to be tried. The prosecution in order to bring home the guilt examined as many as six witnesses including the prosecutrix (P.W.2), her father Ashok (P.W.1) and investigating officer Sukhdev (P.W.3). Apart this, documents Ex.P/1 to P/14 were also marked in evidence. The appellant did not adduce any oral evidence, however, documents Ex.D/1 to D/16 were marked in evidence. Learned trial Court on appreciation of evidence adduced before it, vide the impugned judgment convicted and sentenced the appellant as stated herein above.