MUNNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and order of sentence passed by Additional sessions Judge, Multai, District Betul in S. T. No. 81/94 vide judgment dated 29. 9. 94.

(2.) APPELLANT has been convicted under Section 450 and 376 of IPC for committing rape on a minor and mentally challenged girl aged about twelve years (hereinafter referred to as 'victim') in her house at village Joulkheda and sentenced to rigorous imprisonment for six months with fine of Rs. 200/- and to rigorous imprisonment for seven years with fine of Rs. 300/- respectively, by the impugned judgment. Both the sentences of imprisonment were directed to run concurrently.

(3.) ACCORDING to prosecution, on 18. 2. 94 about 3 'o'clock in the noon, at village Joulkheda, when the victim was alone in her house, her parents and sister having gone to their field, appellant came inside the house and forcibly committed sexual intercourse with her. On hearing her screams, several women in the vicinity witnessed the appellant coming out from the house of the victim; they also noticed that the victim was bleeding and her clothes and underwear were stained with blood. When her sister munni Bai was back to house at 6 'o'clock in the evening, she came to know of the incident and went to Police Station, multai to lodge the FIR. On the basis of FIR lodged by Munni bai, an offence was registered against the appellant and was investigated. The victim was sent for medical examination. On being arrested, appellant was also sent for medical examination. The vaginal slide, blood stained frock and underwear of the victim and underwear of the appellant collected during their medical examination were seized by the Police and sent for forensic examination. After due investigation, appellant was prosecuted and put to trial for the offences under Section 450 and 376 of IPC.