DAGDULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and order of sentence passed by Additional Sessions judge, Nasrullaganj, District Sehore in S. T. No. 39/98 decided on 14. 5. 99.

(2.) APPELLANT has been convicted under Section 376 of ipc for committing rape on a minor girl aged about five/six years (hereinafter referred to as 'victim') and sentenced to rigorous imprisonment for seven years with fine of Rs. 3000/-, in default further rigorous imprisonment for one year by the impugned judgment.

(3.) ACCORDING to prosecution, on 13. 11. 97 about 8. 30 in the morning, complainant's minor daughter aged about five/six years came back to her house at Talai Mohalla, Nasrullaganj from the neighbouring house of the appellant and began washing her underwear. When her mother asked as to why she was washing her underwear, the victim told her that appellant had wet it by inserting his male organ into her vagina [***]. The same was also communicated to the father of victim. Her father Madanlal then called the appellant, but he fled away from his house. Complainant madanlal narrated the incident to his brother Ghanshyam and went alongwith his brother and daughter to the Police Station and lodged the FIR same day at 9. 15 A. M. On the basis of his report, an offence was registered against the appellant at Police Station nasrullaganj and was investigated. The victim was sent for medical examination and her vaginal slide and swab were taken. Upon her medical examination the hymen of the girl was found ruptured at 4 and 10 O'clock position. The underwear of the girl worn at the time of incident was seized. On being arrested, appellant was also sent for medical examination and was found competent to commit sexual act. The trouser of the appellant was also seized. The seized articles were sent for forensic examination. After due investigation, appellant was prosecuted under Section 376 of IPC and was put to trial.