SHALIKRAM KUSHWAHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure (hereinafter shall be referred to as ''Cr.P.C'') has been filed being aggrieved by the judgment of conviction and the sentence dated 11.1.2008 passed by the 1st Additional Sessions Judge, District Sidhi in Sessions Trial No.23/2007 convicting the appellant Shalikram Kushwaha for the charge of Section 376(2)(cha) of the Indian Penal Code (hereinafter shall be referred to as ''I.P.C'') and sentencing him to undergo imprisonment for life and to pay a fine of Rs.500/- and in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) The case of the prosecution in brief is that on 24.11.2006 at about 5:00 pm, the prosecutrix, aged about 3 years, was playing with her sister Rupna (PW.2) on a cement pipe in the garden near her house at Village Padkhuri Kothar. The accused Shalikram Kushwaha came there and after lifting the prosecutrix committed rape with her inside the cement pipe. On hearing the alarm raised by Rupna (PW.2), her grand mother Kemli (PW.4) rushed there and at that juncture, the accused ran away from the spot. Kemli (PW.4) brought the prosecutrix at home and in the evening when Motilal (PW.3) & Mamta (PW.1) [father and mother of the prosecutrix] returned from the field, they have been informed about the incident. The incident is of 24.11.2006 but the first information report was lodged on the next date i.e.25.11.2006 by Motilal (PW.3) vide Exhibit P/2. The medical examination of the prosecutrix was conducted by Dr.Smt.Pushpa Bhagat (PW.7) vide Exhibit P/6, who opined regarding commission of rape with the prosecutrix. The medical examination of the accused was also conducted by Dr.Sandeep Bhalla (PW.8) vide Exhibit P/9.

(3.) After completion of the investigation, the Challan was filed in the Court of Judicial Magistrate First Class Churhat, District Sidhi but as the case was triable by the Court of Sessions, therefore, it was committed to the Court of Sessions from-where it was received by the 1 st Additional Sessions Judge, District Sidhi for trial where the charge of Section 376(2)(cha) of the I.P.C was framed against appellant/accused Shalikram Kushwaha.