SUNIL @ CHHAKOUDI PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against the judg- ment dated 10/05/2013 passed by the Sessions Judge, Katni in S.T. No. 140/2012 whereby the appellant has been convicted for the offence un- der Section 376(2)(i) of the IPC and sentenced to undergo RI for 10 years with fine of Rs. 2000/-, in case of default further undergo 2 months R.I.

(2.) In brief the facts of the prosecution case are that on 04/07/2012 the prosecutrix (PW-2) 5 years old girl was in her house situ- ated at village Jhinjhari, Police station Badwara, District Katni along with her brother Akash, 3 years old and maternal grand mother Muniya Bai, who had dim eye sight and her parents went to the agricultural field near about 11 A.M and when returned back 2 P.M, they found the pros- ecutrix was weeping and told that the appellant took her under the tree of mango and there is a pain on vigina. Thereafter the prosecutrix un- dergarment was put off, there was swelling and clotting of blood on the private part and maternal grand mother told that the appellant took the prosecutrix with Akash towards the mango tree and committed sexual intercourse with the prosecutrix and one village woman Saroj Bai saw the appellant taking the prosecutrix and her brother Akash with him and the incident was reported to the police station Badwara, where FIR Ex.P-1 was registered at Crime No. 200/2012 against the applicant and the prosecutrix was medically examined and ossification test was also conducted to determine the age of the prosecutrix. During the investi- gation, 0n 05/07/2012 the appellant was arrested and medically exam- ined. After completion of the formalities of investigation, charge sheet was filed before the CJM, Katni and on commital the case was tried by the Session Judge, Katni.

(3.) During trial, the trial Court framed charge under Section 376(2) (i) of IPC against the applicant, who abjured his guilt and claimed to be tried. His defence was that he has been falsely implicated.