BABBU ALIAS BABULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant, being aggrieved by the judgment dated 21-1-97, passed in Sessions Trial No. 21/96 by the learned Sessions Judge, Sehore, convicting the appellant under Section 376(2)(f) of Indian Penal Code, sentencing him to undergo R. I. for ten years and pay fine of Rs. 2,000/- in default of payment of fine to undergo two months S.I. has filed this appeal.

(2.) The prosecution case in brief is that P.W. 2 Kashibai the minor prosecutrix, when was carrying food to her father on 6-1-96 at about 4-5 p.m, the accused Babbu alias Babulal caught hold of her, used abusive language, asked her to hold her male organ and thereafter took her to the nearby sugar cane field, fell her on the ground and committed rape upon her. The girl after suffering the worst experience of her life went to her father and brothers, narrated the entire incident to them, and thereafter lodged the first information report. After receiving the report of a cognizable offence, the girl was sent for her medical examination. Dr. (Smt.) Savita Shrivastava (P.W. 1) gave her positive report. The spot memo was prepared; accused was arrested and statements of the witnesses were recorded. On completion of the investigation, challan was filed against the accused. The trial Court convicted and sentenced the accused as referred to above, being aggrieved by the said conviction and sentence, the appellant has filed this appeal.

(3.) Submission of learned counsel for the appellant is that as P. W. 3 Shankarlal father of the girl, P. W. the prosecutrix herself and P. W. 5 Dilipsingh brother of the prosecutrix have turned hostile, and as P. W. 2 the prosecutrix in the cross-examination did not allege that sexual assault was made upon her, the trial Court was wrong and unjustified in convicting the appellant.