SUNEEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 15-5-02 passed by the Additional Sessions Judge, Lahar, Distt. Bhind in st. No. 03/01 by which the appellant has been convicted under Section 376 of ipc and sentenced to undergo Rigorous Imprisonment for ten years with a fine of Rs. 5,000/- with default stipulation. He has further been convicted under section 323 of IPC and sentenced to undergo Rigorous Imprisonment for six months.

(2.) THE story of the prosecution, in short, is that on 23-10-2000 at about 11. 00 a. m. , when the prosecutrix (minor girl of about eight years of age) went to pick up dung, the appellant came there, took the prosecutrix to the nearby a bushes ("beshram kijhadi"), threatened her, removed her undergarments and committed sexual intercourse with her. On hearing her cries, her mother Munni devi and uncle Rajesh came there rescued her from the appellant. On this the appellant started beating the mother of the complainant / prosecutrix. At that time, Suresh (co-accused), who is the brother of the appellant, came there and he beat both Rajesh and the prosecutrix and ran away alongwith the appellant from there. The report was lodged at Police Station. The prosecutrix was sent for medical examination. Clothes and slides were seized by the police during investigation. After investigation, charge-sheet was filed and the Trial Court after conclusion of trial found the appellant guilty as stated in para one of this judgment. While the co-accused Suresh has been convicted and sentenced under Section 323 of IPC but the present appeal has been filed by only appellant suneel.

(3.) LEARNED Counsel for the appellant has not challenged the finding of conviction of the appellant but regarding sentence it is submitted that at the time of incident the age of the appellant was about 18 years and he has remained in custody for more than seven years, therefore, he prayed for leniency in awarding the sentence and also prayed for undergone sentence.