BABLOO Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2018-12-113
HIGH COURT OF MADHYA PRADESH (AT: GWALIOR)
Decided on December 22,2018

BABLOO Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

SMT.ANJULI PALO,J. - (1.) This criminal appeal has been filed by the accused under Section 374 (2) of Code of Criminal Procedure being aggrieved by the judgment dated 19.10.2011, passed by II nd Additional Sessions Judge, Khurai, Sagar in Session Trial No.508/2011, whereby the appellant was convicted for offence punishable under Sections 376 of the Indian Penal Code and sentenced to undergo RI for ten years and fine of Rs.1,000/- in default RI for six months.
(2.) It was admitted by the appellant that on 22.06.2011 the parents of the prosecutrix came to the house of appellant. They are beggars. They put their household things there. On the same day, at about 7.30. pm the prosecutrix came to the house of the appellant to collect the aforesaid things. The appellant stopped her for taking food with him. All these facts are admitted by the appellant in his accused statement recorded under Section 313 of Cr.P.C.
(3.) In brief the prosecution case is that, at the time of the incident the prosecutrix came to the house of the appellant. Appellant committed rape with her. At the time of the incident, the prosecutrix was aged about 14 years. With her parents, she went to Police Station Beena and lodged FIR against the appellant. Offence under Section 376 of I.P.C. has been registered against the appellant and charge-sheet has been filed before the competent Court. After committal of the case, learned trial Court conducted trial and found guilty of the appellant for committing offence under Section 376 of I.P.C and sentence him as mentioned above. No defence witness has been examined by him.;


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