STATE OF M P Vs. BANE SINGH

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted.

(3.) The accused was charged for having sexually assaulted one Krishnabai, a minor girl aged about 14 years against her wish and consent and was tried for commission of offence punishable under Sections 376 and 506 of Penal Code. According to the case of the prosecution when Krishnabai was alone in her house, her parents having gone to Village Panwana, the Respondent went to the said house and on learning from her that her father was not at home, closed the door of the house from inside and committed rape on her. The Sessions Court, on appreciation of evidence convicted the accused for the aforesaid offences. On the aspect of sentence after noticing that a minor girl was subjected to sexual assault on finding her alone, the learned Additional Sessions Judge came to the conclusion that the Respondent-accused was not entitled to a lenient attitude and accordingly for offence under Section 376 the accused was punished with 10 years rigorous imprisonment and fine of Rs. 5,000 and on failure to deposit the fine he was directed to undergo further one years rigorous imprisonment.