DILIP BUNKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved by the judgment dated 11.05.2007, passed by Sessions Judge, Bhopal in S.T. No. 253/2005, whereby appellant has been found guilty for the offence punishable under Section 376(f) of the Indian Penal Code and has been sentenced to life imprisonment and fine of Rs.20,000/- and in default of payment of fine, to further suffer rigorous imprisonment for two years.

(2.) The prosecution case in brief is, that on 27.10.2001, at about 7 P.M., the prosecutrix was standing on the road, watching procession, when the appellant, who is her real uncle (Mausa), came and asked her to accompany him to his sister's house, at 100 quarters. After going some distance, on the pretext of nature's call, he took her to the Jummburi ground, where he beat her and took off his clothes and prosecutrix's underwear and threw her on the ground and tried to rape her. When she cried and screamed, he covered and pressed her mouth, so that no one could hear her screams. On hearing the sound of someone approaching, he left her and ran away. Weeping, she went to her home and narrated the incident to her mother. The parents alongwith the prosecutrix went to the police station, Piplani in the night itself to lodge the report.

(3.) P.W.-2 Sushilabai, mother of the prosecutrix lodged the FIR (Ex.P-1), on 28.10.2001 at about 3.45 A.M., on the basis of which the criminal law was set into motion. Prosecutrix was sent for medical examination. In the morning, site map Ex.P-8 was prepared and underwear of the prosecutrix, that she was wearing at the time of incident was recovered from the place of incident. The accused absconded and was arrested on 24.08.2005, after about four years of the incident.