RAMADHAR KUSHWAHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and order of sentence passed by Additional Sessions judge, Beohari, District Shahdol in S. T. No. 202/2000, decided on 02. 08. 01.

(2.) APPELLANT has been convicted under Section 354 of ipc and sentenced to rigorous imprisonment for two years with fine of Rs. 5,000/-, in default further rigorous imprisonment for five months, by the impugned judgment.

(3.) ACCORDING to prosecution, the victim girl aged about six years was studying in primary school, village Bartua, where the appellant was a school teacher at the relevant time. On 1. 8. 94 at about 1 'o'clock in the noon, appellant took the victim girl to his house on the pretext of giving her 'prasad' and attempted to commit rape on her. The underwear of the girl was also torn in the incident. The victim girl narrated the incident to her mother. The father of the victim girl was not at home at the time of incident; when he came back to the village, the matter was reported to the Police after 6-7 days by the grand-father of the victim. On the basis of report lodged by teerath Prasad, an offence was registered against the appellant at Police Station Jaisingh Nagar, Shahdol and was investigated. The victim girl was sent for medical examination. Her underwear was seized by the Police. After due investigation, appellant was prosecuted under Section 376/511 of IPC and was put to trial.