DEVI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 1.10.1996 in S.T. No.71/94 passed by the learned 2 nd Additional Sessions Judge, Chhindwara, by which the appellant was convicted for the offence punishable under Section 376(1) of IPC and sentenced for four years R.I. with fine of Rs.500/-. In default of payment of fine, the appellant was to undergo for three months R.I. in addition.

(2.) Prosecution's case in short is that the prosecutrix (PW-8) aged about 14 years stayed in the house of her maternal uncle at Kanhargaon from 12.5.1991 to 10.6.1991. Wife of the appellant was friend of the prosecutrix and therefore, the appellant informed the prosecutrix that wife of the appellant wanted to meet her and with this pretext, he took the prosecutrix to his house. In the house of the appellant, he committed rape upon the prosecutrix. The appellant threatened the prosecutrix that she should not say about the crime to anyone and therefore, she could not say anything in the family of her maternal uncle. Thereafter, she went to her parents' house but she could not say anything to anyone. In the month of January 1992, the prosecutrix was found pregnant and when she was asked about the incident then she told the entire story to her parents. A report was lodged by the prosecutrix at Police Station, Damua on 13.1.1992, which was transferred to the Police Station, Umreth, which has jurisdiction for investigation. The prosecutrix was examined by Dr. Piyusha Sonunshi (PW-11) and a report Ex.P/10 was given by her. The prosecutrix was found pregnant with a foetus of 30-32 weeks. After due investigation, a charge sheet was filed before the J.M.F.C. Chhinwara and thereafter case was committed to the Sessions Court, Chhindwara.

(3.) The appellant abjured his guilt. He did not take any specific plea, but he has stated that he was falsely implicated in the matter. No defence evidence was adduced by the appellant.