HARISINGH BANSHILAL YADAV Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Hari Singh has been convicted Under Section 376 Indian Penal Code for committing rape on his step daughter aged about 13 years and sentenced to rigorous imprisonment for seven years.

(2.) THE prosecution case was that on 1-3-1996 Sarita (PW3) was sleeping with her mother Shantibai (PW2) in her house in Jehangirabad, Bhopal. At about 11. 00 P. M. the accused awoke her and took her to his cot. He took out her salwar and committed rape on her. She resisted but the accused did not leave her. He gagged her mouth and threatened to kill her if she would shout. Next day, she lodged the report Ex. P-3 at Mahila Police Station. She was sent for medical examination. Dr. Abha Jindal (PW1) examined her and found her hymen torn on right lateral side. There was bruise around hymen and the area was inflammed. Her report is Ex. P. 1. After investigation the charge sheet was filed. The accused pleaded not guilty. His defence was that he has been falsely implicated because he refused to pay the amount of compensation of the gas tragedy to the mother of his wife.

(3.) THE Trial Court held that Sarita (PW3) was less than fourteen years of age and the accused had sexual intercourse with her without her consent. The accused has been convicted and sentenced as stated at the outset.