RAMESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against his conviction under sections 363, 366 and 376 read with Section 511 of the Indian Penal Code and sentence of R. I. for seven years and fine of Rs. 500/- on each count and in default of payment of fine to suffer additional R. I. for three months on each count passed by the learned Special Judge, Dewas in Special Case No. 02/2003 by judgment dated 5-7-2003.

(2.) ACCORDING to the prosecution case on 28-2-2002, in Village Siroliya bujurg in the evening the appellant took the prosecutrix aged 8 to 9 years for purchasing some thing for her from the shop and instead of taking to the shop, he took her inside the forest. Appellant threatened the prosecutrix at the point of knife for lying down on the ground and thereafter, removed his clothes and sat on her body. Prosecutrix started weeping upon which the appellant got up and went away. While weeping the prosecutrix returned back to her house and disclosed about the incident to her mother and father. The incident was also informed to Village Chowkidar Chhitar and Sarpanch Rambharose. Report of the incident (Exh. P-l) was lodged on the next day. Police prepared the spot map (Exh. P-2) and sent the prosecutrix for medical examination and was examined by Dr. Namita Thakur (P. W. 2 ). Her MLC report is Exh. P-3. The prosecutrix belonged to the Scheduled Tribe community. A certificate to this effect was collected by the Investigating Officer and on completion of investigation, charge-sheet was filed against the appellant for the above mentioned offences as also under Section 3 (2) (v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

(3.) THE appellant refuted the charges, therefore, put to trial. He did not examine any witness in defence. Learned Trial Court, while acquitting the appellant from the charge under Section 3 (2) (v) of the SC and ST (Prevention of atrocities) Act, finding him guilty for the remaining offences, convicted and sentenced as mentioned hereinabove.