DHOKAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this appeal being aggrieved by the judgment dated 11.03.2010 passed by the Sessions Judge, Sagar in Session Trial No. 125/2009 whereby, the appellant has been convicted under Section 376(2)(F) of IPC and sentenced to undergo life imprisonment with fine of Rs. 1,000/- and in default of fine, rigorous imprisonment for one year.

(2.) As per the prosecution case, on 20.12.2008 at village Sahavan, the appellant committed rape with the prosecutrix (PW-7) who is a minor girl aged about 5-6 years old. FIR (Ex. P/2) has been lodged by the prosecutrix on 23.12.2008 at Police Station. Crime was registered against the appellant under Section 376 of IPC and on 25.12.2008 at Police Station Banda, Sagar. After due investigation, charge-sheet was filed before the concerned Court.

(3.) After committal of the case, learned trial Court conducted trial against the appellant. Considering the testimonies of the prosecutrix (PW-7), her mother Devka (PW-6) and the opinion of Dr. Mamta Timori (PW-4), the trial Court held the appellant guilty for committing rape with a minor girl. Hence, convicted and sentenced him as mentioned above.