HALKE Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant being aggrieved by judgment dated 22.6.2006 passed in Sessions Trial No.67/2005 by the Additional Sessions Judge, Ganj Basoda, Distt. Vidisha convicting the appellant under Section 376 of IPC with life imprisonment and fine of Rs.1,000/- and in default of payment of fine, one month's additional R.I., however, acquitting the appellant from the charge under Section 506 Part II of IPC.

(2.) Learned counsel for the appellant submits that appellant is the real brother of father of the prosecutrix, and therefore, being uncle of the prosecutrix has been falsely implicated on account of some property dispute.

(3.) It is submitted by the learned counsel for the appellant that alleged incident had taken place on 4.3.2005 at 21.00 hours as has been mentioned in the FIR (Ex.P/3) which has been recorded on the basis of a written application given by the prosecutrix to Sub- Divisional Officer (Police), Police Station, Ganj Basoda, enclosed as Ex.P/2 dated 9.3.2005. It is submitted that in the FIR (Ex.P/3) it is mentioned that intimation was received at the police Station at 16.30 hours on 10.3.2005, however, it was actually recorded on 13.3.2005 at 18.15 hours, whereas the distance of police Station, Tyonda, Distt. Vidisha is only 2.5 kms west of village Kaboolpur where such incident had taken place. It is also submitted that as per the spot map (Ex.P/4) house of the accused is adjacent to that of the prosecutrix and as per the statement given by the prosecutrix herself she was not alone at the time of incident, and therefore, probability of such incident of rape taking place in presence of other relatives of the prosecutrix in the house hold, which is admitted to be a one room hutment by her father (PW-2) seems to be improbable.