CHHOTA ALIAS CHHOTELAL Vs. STATE OF M P

JUDGEMENT

(1.) Assailed is to the judgment dated 18.06.2004 passed by Third Additional Sessions Judge, Damoh in ST. no. 8 8/2002, whereby the appellant Chhota @ Chhotelal has been convicted under section 376 (2)(f) of the IPC and sentenced to suffer 10 years R.I. fine of Rs.5000/- in default 1 year R.I.

(2.) It is pertinent to note that vide judgment dated 21.4.2006 the impugned judgment passed by the learned trial Court has been affirmed by this Court and appeal has been dismissed. S.L.P. was filed by the respondent/State vide Criminal Appeal No.463/2007 has been admitted for final hearing by the Apex Court. The case was remanded back by the Apex Court vide order date 30th March 2007. In this manner this appeal again came up for final hearing.

(3.) Facts of the case in brief are that on 10.3.2002 at about 8.00 a.m., the appellant Chhota @ Chhotelal committed rape with prosecutrix (PW 5), aged 8 years. She narrated the incident to her mother Savitri Bai (PW 1). Savitri Bai lodged F.I.R Ex.P/1. Prosecutrix was examined by Dr. Alka Nikhar (PW 10). She opined as per Ex.P/10 that forcibly sexual intercourse has been committed over prosecutrix. Slide from vaginal smear of prosecutrix was prepared and sealed by the Doctor. Underwear of the prosecutrix was also sealed by the Doctor.Both these articles were handed over to police. Same day the appellant was apprehended and he was examined by Dr. S.K. Jain (PW 12) who found him competent to perform intercourse. Underwear of the appellant seized, sealed and handed over to the police, seized articles were Sealed. Spot map was got prepared. Witnesses were examined u/s 161 Cr.P.C. Seized articles were sent for chemical analysis to FSL Sagar. After completion of investigation the appellant was charge sheeted. The case was committed to the Court of Sessions.