LAKHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374(2) of the Code of Criminal Procedure has been preferred by the appellant being aggrieved by the judgment dated 26.7.2012 passed in ST No. 60/2012 by the First Additional Sessions Judge, Khandwa East Nimar, whereby the present appellant has been convicted and sentenced as under:

(2.) In brief, the case of the prosecution is that on 15.3.2012 at around 8:00 PM in the evening when complainant Lachchhu Korku (P.W.2) was having dinner with his wife Ranu Korku at that time their daughter (prosecutrix) aged about seven years, who was playing outside the house came back to the house. She was crying and limping. They also found that her skirt was stained with blood and she was bleeding from her vagina. When they asked about the incident she told that when she was playing outside the house, appellant Lakhan came and after putting his hand on her mouth he took her to a nearby a mango tree and committed rape. The prosecutrix (P.W.1) was immediately taken to the Police Station Khalwa where a report (Ex. P-2) at Crime No. 47/2012 was registered against the appellant. The spot map (Ex. P-1) was also prepared during the investigation. The appellant was arrested on 19.3.2012 and after investigation, a charge sheet was filed and subsequently the case was committed to the Court of First ADJ, Khandwa East-Niwar, who after recording the evidence has convicted the appellant as aforesaid vide judgment dated 26.7.2012, which is under challenge before this Court.

(3.) Learned counsel for the appellant has submitted that the appellant has been falsely implicated in the present case. It is further submitted by the learned counsel for the appellant that injury can also be caused by falling on a stone which has also been admitted by the prosecutrix (P.W.1). It is further submitted that the appellant is in jail since last six years and even according to Dr. Neelam Mishra (P.W.4), who in her cross examination has opined that an attempt of rape has been made on the prosecutrix (P.W.1), hence he is liable to be acquitted.