LALARAM HARI RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The Additional Sessions Judge, Bhilsa, convicted the accused under Section 376 I. P. C. and sentenced him to 2 years rigorous imprisonment and a fine of Rs. 500/-. In default of payment of fine, the accused was to further undergo rigorous imprisonment for six months. Against his conviction and sentence, he has filed this appeal.

(2.) The prosecution case is that the accused along with three minor girls (Evti, Bhagwati and Chironji) went for grazing cattle near the river Betwa. At about noon, the accused Lalaram asked the two younger girls (Bhagwati and Chironji) to go ahead and after the coast was clear, the accused took the girl Mst. Evti, aged about 12 years to an adjoining depression near the river, and, there ravished her. The act caused rupture of hymen and the pain was so intensely severe that Mst. Evti could not go back home. She remained lying in the field and it is said that in the evening, the accused Lalaram went to the house of her father and informed him that his daughter had had fever and was therefore lying in the field. The father went to the field, lifted the girl and brought her home where she disclosed to her mother her real condition. Soon after this a report was made to the Police Station in which the accused was named as the offender.

(3.) The accused has been convicted mainly on the evidence of the girl, her father and medical testimony.