CHIRAGUDDIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is against the judgment dated 08.05.2001 passed in Sessions Trial No.28/2001 by the Court of Second Additional Sessions Judge, Burhanpur. The trial Court held the appellant guilty for commission of offence punishable under Sections 366, 376(2) and 506 of Indian Penal Code and sentenced him to undergo rigorous imprisonment for five years, rigorous imprisonment for life and rigorous imprisonment for two years alongwith fine of Rs.5000/-, Rs.50,000/- and Rs.2000/- respectively with default stipulations rigorous imprisonment for five months, five years and two months respectively. The trial Court ordered that all the sentences shall run concurrently.

(2.) Prosecution story in brief is that on 09.10.2000, at about 3:00 PM, the prosecutrix, who was student of Class 5th, was going for tuition. On the way, accused met with him, who was having a bicycle, and asked her to accompany him. The accused was not known to the prosecutrix. When she refused to accompany the accused, he took her on knife point near Chhoti Renuka Mata Mandir and snuffed up a napkin to her, due to which, she became unconscious. Thereafter, accused committed rape with the prosecutrix. After some time, prosecutrix came to conscious, then accused dropped her near Shanwara Gate and asked her to go home. After coming to house, prosecutrix told the incident to her mother and also to her grandmother. Blood was oozing from the vagina of the prosecutrix. The prosecutrix was taken to Nehru Hospital, Burhanpur, where Dr. Lata Patel prepared Pre M.L.C. and sent a written report of the incident to police of Police Station City Kotwali, Burhanpur through Ward Boy viz. Lalchand.

(3.) Police registered the offence and conducted investigation. After investigation final report was filed before the competent Court. Learned trial Court framed charges against the appellant. The appellant abjured the guilt and pleaded innocence. The trial Court, after trial, held the appellant guilty for commission of offence under Sections 366, 376(2) and 506 of IPC and awarded punishment as mentioned above in the judgment.