CHAND KHAN Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment of conviction dated 12.12.2007 passed in Sessions Trial No.230/07. The trial Court held the appellant guilty for commission of offence punishable under Sections 376(f) and 377 of IPC and awarded sentence of RI life and RI three years alongwith fine of Rs.2,000/- and Rs.500/- respectively.

(2.) Prosecution story in brief is that prosecutrix, who was five years old, was playing in the courtyard. The appellant was the neighbour of the prosecutrix. He called the prosecutrix and requested her to bring a gutkha for him. When the prosecutrix returned back, the appellant committed sexual intercourse (vaginal as well as anal) with her. She came back crying and screaming to her nani (grandmother) and narrated the story. Blood was oozing from her private parts. At that time, mother and father of the prosecutrix were not at home. When they came back, the prosecutrix narrated the incident to them. Prosecutrix's nani administered one pain killer to her. FIR of the incident was lodged next day, when the parents of the prosecutrix came back to the house. Police conducted investigation and filed charge-sheet. The appellant abjured the guilt and pleaded innocence. The trial Court held the appellant guilty for commission of offence and awarded punishment as mentioned above in the judgment.

(3.) Learned Amicus Curiae for the appellant has submitted that the appellant is innocent. He has not committed rape with the prosecutrix. The trial Court committed an error in holding the appellant guilty for commission of offence of rape and awarded severe punishment.