DUMMILAL @ KHAWASI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal being aggrieved by the judgment dated 27/07/1998 passed by the Additional Sessions Judge, Lakhanadon, District Seoni in S.T. No. 34/1998 whereby the ap- pellant has been convicted for the offence under Section 376 of the IPC and sentenced to undergo RI for 7 years with fine of Rs. 250/-, with de- fault stipulation as mentioned in the impugned judgment.

(2.) In brief the facts of the prosecution case are that on 10/02/1998 the prosecutrix, aged below 16 years (PW-3) told by her fa- ther Jahadulal (PW-5) to go and keep wheat in the field. While she was going to the field through the applicant's field, the applicant asked for tabacco, then she said she does not chew tabacco, thereafter the appli- cant caught her and forcibly committed sexual intercourse with her. That on 11/02/1998 the FIR (Ex.P-5) was lodged by the prosecutrix in the police station Duma, District Seoni at Crime No.12/1998 under section 376 of IPC. Thereafter, the prosecutrix as well as the appellant/ accused after arrest were medically examined and after completion of the inves- tigation, charge sheet was filed before the trial court and the case was committed to the Court of Session for trial.

(3.) During trial, the trial Court framed charges under Section 376 of IPC against the appellant, who abjured his guilt and claimed to be tried.