MAHENDRA SINGH GOND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The criminal appeal (CRA No.7332/2018) has been preferred by the accused Mahendra Singh Gond to set aside the impugned judgment of conviction and sentence. The criminal reference (CRRFC No.15/2018) has been referred under Section 366 (1) of Criminal Procedure Code , 1973 for confirmation of order of capital punishment of death awarded by the First Addl. Session Judge, Nagod, District Satna in S.T. No.11/2018, whereby the accused-Mahendra Singh Gond has been convicted under Section 363 of I.P.C. and sentenced to undergo R.I. for seven years and fine of Rs.5000/-, in default of payment of fine R.I. for three months under Section 376(a)(b) of I.P.C., he has been punished for death sentence.

(2.) In brief the prosecution case is that on 01.07.2018 at village Parasmaniya, Police Station Uchehra, the prosecutrix aged about 4 years, was sleeping on cot with her father in the courtyard of her house. At night about 10 pm, accused came there to meet with her father and conversation with him. Thereafter, he went away. At about 12 pm Prahlad Singh/father of the prosecutrix went to natural call towards the pond. At that time prosecutrix was sleeping alone on the cot. When her father came back to his cot, he found the prosecutrix was not there, someone took her. Prahlad Singh and his family members searched the prosecutrix and found her in the field of Dheer Singh. She was injured and unconscious. She had not worn undergarment. They found blood stains on her frock and bleeding from her vagina. The accused getting a chance and took away the prosecutrix in the field side of Dheer Singh. From one hand he pressed her mouth and from another hand he fingering in her private part. The prosecutrix was attempted to cry but he pressed her mouth and committed rape with her. So that the prosecutrix sustained severe bleeding and injuries on her vaginal organs. The family members informed the police and brought her to the hospital. Police also reached in the hospital and lodged FIR against the appellant. Looking to the serious critical condition of the prosecutrix, Senior Doctors of the District Hospital and District Administration, Satna referred her to All India Institute of Medical Sciences, New Delhi for her treatment. After completion of necessary investigation, charge-sheet was filed against the accused before the competent court.

(3.) After committal of the case, learned Trial Court framed the charges against the appellant under Sections 363 , 376(a)(b) of Indian Penal Code and Section 5(j)(n) of Protection of Children from Sexual Offences Act. The appellant abjured guilt. He pleaded his innocence. He stated that due to old enmity with the family of the prosecutrix, the police implicated him with concocted story and prepared false evidence against him.