SANTOSH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and order of sentence passed by V th Additional Sessions Judge, Bhopal in S. T. No. 36/93, decided on 5-4-94.

(2.) APPELLANT has been convicted under Section 376 of IPC for committing rape on a minor girl aged about eight years and sentenced to rigorous Imprisonment for seven years by the impugned judgment.

(3.) ACCORDING to prosecution, on 21-11-92 in the evening at Motinagar, bhopal, when complainant's daughter aged eight years (hereinafter referred to as 'victim') was playing outside her house, appellant came there and took her to cattle-shed and committed sexual intercourse with her. When she shouted, appellant intimidated and threatened her not to disclose the incident to anyone at her house. When the mother of the girl discovered the injuries on her private part while giving bath to her, she enquired from her. The girl then narrated the incident of rape to her mother. The matter was then reported to Police by the father of the victim. On the basis of FIR lodged by her father, Sheikh Peeru at police Station Govindpura, Bhopal, an offence was registered against the appellant and was investigated. The victim was sent for medical examination and her vaginal smear was taken. Her underwear was also seized. On being arrested, appellant was also sent for medical examination and was found competent to commit the sexual act. After due investigation, appellant was prosecuted under section 376 of IPC and put to trial.