AMBARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 30-3-2000 passed by learned Sessions Judge, Hoshangabad, in Sessions Trial No. 11 /2000 convicting the appellant under Sections 376 (1), 342 and 506 later part, IPC and sentencing him to suffer life imprisonment, one year RI and five years RI respectively with a further stipulation that all the sentences shall run concurrently, the appellant has preferred this appeal under Section 374 (2) of Code of criminal Procedure, 1973.

(2.) IN brief, the case of prosecution is that appellant is the father of prosecutrix and the age of prosecutrix is 16 years. Krishna bai who was mother of the prosecutrix died 6-7 years earlier to the incident, since then she is residing with her father/appellant. Although prosecutrix has been married but since Gauna ceremony was not solemnised, she was residing with her father at his work place. Appellant is employed in brick furnace nearby Gurukul Ashram at Bhopal-Hoshangabad Road. ,

(3.) IT is the further case of prosecutrix that two months prior to 9-11-1999 appellant used to beat prosecutrix by Danda and was also electrocuting her. It is also said that appellant committed rape over the prosecutrix in the night and was giving threat to her not to say the incident to anybody otherwise she will be killed, hence, she did not tell anybody about the vile act of the appellant. The grandmother of prosecutrix and mother of appellant namely Radha Bai was residing separately with her second son atmaram who is brother of appellant. , One day prior to Deepawali festival of the year 1999 appellant carried prosecutrix to his mother's and brother's place. It is said ,that when appellant, was not there, prosecutrix narrated the incident to her grandmother and uncle Atmaram and also to Satyasindhu of Gurukul Ashram. On the next day viz. 9-11-1999 prosecutrix along with her uncle atmaram and Satyasindhu of Gurukul asharam went to Pplice Station and lodged first information report.