DHANRAJ Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-3-40
HIGH COURT OF MADHYA PRADESH
Decided on March 12,2021

DHANRAJ Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

- (1.) The present criminal appeal has been filed by appellant Dhanraj aggrieved by the order dated 2.8.2020 passed in Sessions Case No.105/2010 by the Court of Additional Sessions Judge, Chhindwara by which the appellant was convicted for an offence under section 376(2) of the Indian Penal Code and sentenced to suffer imprisonment for life and a fine of Rs.1,000/- or, in default of payment of fine, to undergo three months rigorous imprisonment.
(2.) The case of the prosecution is that on 2.2.2010 around 8 or 9 p.m., the appellant went to the house of complainant Savitri (P.W.2) at village Pathri and took the child prosecutrix with him on the false pretext of giving her biscuits. When the prosecutrix did not return after a while, her mother (complainant herein) started searching for her but could not find her. A short while thereafter the prosecutrix was seen coming from the compound of Patel. She was crying and shivering and the blood was flowing from her private part. Upon the prosecutrix being asked by the complainant and other people who had gathered there, she told them that appellant Dhanraj took her towards the Barra and committed rape with her.
(3.) A report of the incident was made on 3.2.2010 at Police Station Bichua upon which a case was registered against the appellant herein and taken into investigation. Post investigation, the charge-sheet was filed and the case was committed for trial. The appellant/accused pleaded not guilty.;


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