JAGDISH PRASAD BAIRAGI Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dated 20/11/2007 passed in Sessions Trial No. 35/2007. The allegation against the appellant is that he has committed rape on 11/11/2006 with a minor girl. Report of the incident was lodged on 12/11/2006 by father of the prosecutrix, thereafter, police conducted the investigation and filed the charge-sheet for commission of offence punishable under Section 376(2)(f) of the IPC against the appellant. The trial court held appellant guilty for commission of offence punishable under Section 376(2)(f) of IPC and awarded sentence RI for life and imposed fine amount of Rs. 5000/-.

(2.) Learned counsel appearing on behalf of the appellant has not argued the appeal on merit, however, she has contended that the appellant is in jail since 09/01/2007. He has completed more than 10 years actual jail sentence and near about 14 years of jail sentence including remission, hence, the sentence of the appellant be modified as already undergone because the appellant has completed more than sentence than minimum sentence of 10 years.

(3.) The prosecutrix PW/1 was aged about seven years at the time of incident. She deposed that she was playing at around 2 O'clock near her house on the road. At that time the appellant had called her at his house with a promise to give sweets where the appellant slammed her in the bed thereafter committed sexual intercourse with her, due to which blood was oozing from my private parts. Thereafter, I came back to my house and told the incident to my mother and mother told the father, thereafter father told the incident to other family members. They had taken me to Mandla Hospital where I was treated for a period of twenty days and FIR was lodged.