MITTAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal being aggrieved by the judgment dated 16/05/2013 passed by the 2nd Additional Sessions Judge, Waraseoni, District Balaghat in S.T. No. 150/2012 whereby the ap- pellant has been convicted for the offence under Section 376 of the IPC and sentenced to undergo RI for 10 years with fine of Rs. 5000/- and also convicted under section 506-II of the IPC and sentenced to undergo R.I for 1 year with fine of Rs.1000/-, with default stipulation as men- tioned in the impugned judgment.

(2.) In brief the facts of the prosecution case are that on 23/06/2013 the prosecutrix (PW-1) lodged report at police station Waraseoni, District Balaghat that the appellant resides near her house and near about 6 months back he called her for filling the water where none was present except him where he committed sexual intercourse with her despite of her resistence. Thereafter he again called her 3-4 times and committed sexual intercourse with her and she bacame pra- genant. After 4-5 months she disclosed this fact to her mother Anita (PW-2), then her mother called the village panchayat where the pros- ecutrix narrated the incident and the accused was also called for but he did not accepted his guilt. Thereafter the report was lodged and Crime No. 235/2012 under section 376, 506 of the IPC was registered. During the investigation, it was found that the prosecutrix was having 16 th week pragnency and her age was below 16 years. After completion of the investigation, the charge sheet was filed before the Session Court Balaghat and the case was tried by the 2 nd Additional Session Judge, Waraseoni, Balaghat.

(3.) During trial, the trial Court framed charges under Sections 376 and 506 of IPC against the appellant and his plea was recorded he denied the charges and claimed to be tried. His defence was that he is innocent and falsely implicated and learned trial court after completion of the trial, convicted and sentenced the appellant as mentioned earlier.