BABU ALIAS BABARIYA Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this appeal, challenging his conviction U/Ss.376, 506 - B of the IPC and sentence to undergo RI for 10 years with fine of Rs.3000/ - ; in default of payment of fine six months additional SI and one year RI with fine of Rs.500/ - , in default of payment of fine one month S.I, passed by learned Addl. Sessions Judge, Sardarpur in ST No. 40/2006, judgment dated 28/9/2006. However, the substantive sentences have been directed to run concurrently.

(2.) Briefly stated the prosecution case as unfolded before the trial Court is that on 12/10/2005 in the evening prosecutrix aged 11 years was returning back with her she - goats towards her house along with Radha (PW.2). When they reached near a culvert, the appellant reached there and driven her goats because of which prosecutrix also rushed behind her she - goats. The friend of prosecutrix Radhabai (PW.2) also followed her. Appellant with bad intention caught the hand of the prosecutrix and thrown her on the ground. He kissed her cheek and also pressed her breast, thereafter committed sexual intercourse twice in some interval. The prosecutrix raised cry upon which appellant threatened her to break out her teeth and also shown knife and threatened to kill her because of which she kept mum. The appellant, after committing bad act, fled away. Radhabai (PW.2) was also threatened by the appellant because of which she was standing at some distance. After the incident, both went to the house and prosecutrix disclosed about the incident to her mother and after arrival of her father also reported the matter to him. Because of night hours and non availability of transportation facility matter was reported on the next day i.e. 13/10/2005 at 10.05 a.m. The distance of the police station was five kilo meter. The police had registered the Crime No. 136/ 2005 U/S. 376 read with 506 - 11 of the IPC. Prosecutrix was medically examined by Dr. Anita Dahana (PW.7) who issued her MLC (Medical Legal Certificate) (Ex.P.7). Dr. Nitin Joshi (PW. 12) medically examined the appellant and found him fit for commission for sexual intercourse. His medical report is Ex.P. 12. Doctor also prepared slides of the semen vide Ex.P. 15. The seized articles were sent for chemical examination and report of the chemical examiner is Ex.P. 16. On completion of investigation, appellant was charge sheeted for the above mentioned offences.

(3.) The appellant refuted the charges, therefore, put to trial. The learned trial Court, after examining the prosecution witnesses, recording of accused statement - and hearing both the parties, convicted the appellant as indicated herein above.