VRINDAWAN ADIVASI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal is filed under Section 374(2) of the Code of Criminal Procedure challenging the order of conviction and sentence dated 28-02-2011 passed by 3 rd Additional Sessions Judge, Bhopal in S.T.No. 466/2010, whereby the appellant has been convicted under Section 376(2)(f) of IPC and sentenced to rigorous imprisonment for 10 years and fine of Rs.1000/- in default of payment of fine, to suffer further R.I. for 2 month.

(2.) The prosecution case is that complainant Ramila Bhuria, resident of Karond Mandi, Bhopal resides alongwith her children and on the date of incident i.e. 03-06-2010, she had gone to work and her husband Chain Singh was also not at home and he had gone for the work. At about 10.30 a.m. Supervisor Patil came and informed the complainant that her children are crying. She came back to home and saw that her 7 years' old daughter was also crying and there was blood stains on her frock and underwear and also on the floor. She inquired about the incident, at which the prosecutrix disclosed that one person had come and taken her inside and other children were turned out of the house and thereafter, it is alleged that she was sexually violated and when she shouted she was given 2-3 slaps.

(3.) Thereafter, the complainant alongwith her daughter came to Police Station Nishatpura, where on the way Supervisor Patil and Manwati Didi were also informed about the incident and thereafter they lodged the report and offence under section 376 of IPC was registered against unknown person .