MADANLAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed under Section 374 of Cr.P.C. against the judgment dated 1.9.2009 passed by Sessions Judge, Guna in S.T.No. 134/2009 by which the appellant has been convicted for offence punishable under Section 376 (2) (f) of IPC.

(2.) The prosecution story in short is that on 27.12.2008 the prosecutrix who is aged about seven years was going towards her mother. The appellant met with her on the way and on being asked she informed him that as her mother had gone for grazing goats, therefore, she is going there. The accused thereafter told her that her mother has gone towards the river side and accordingly the prosecutrix accompanied the appellant and went towards the river side and at that time the appellant took out the undergarments of the prosecutrix and tried to insert his male organ in the private part of the prosecutrix and when she shouted the appellant got discharged. On hearing the shouts of the prosecutrix her mother Ramnalibai came on the spot. The incident was narrated by the prosecutrix to her mother.

(3.) Thereafter, the FIR was lodged and prosecutrix was sent for medical examination, the accused was arrested, spot map was prepared. The statements of the witnesses were recorded and the accused was also sent for medical examination. The undergarments of the prosecutrix were sent for chemical examination and in the FSL report semen stains and human sperms were found. The police after completing the investigation filed the charge sheet.