Subodh Abhyankar, J. - (1.)This criminal appeal under Section 374(2) of the Code of Criminal Procedure has been preferred by the appellant being aggrieved by the judgment and order dated 16/02/2004 passed by the learned Sessions Judge, Bhopal in ST No.208/2003, whereby the appellant has been convicted under Sections 376 (1) and 501 of IPC and sentenced to life imprisonment and one year's RI respectively.
(2.)The prosecution case in short is that between 18.4.2003 to 19.5.2003 the appellant committed rape of his own daughter aged 14 years at his house situated at Dilkush, Aishbagh, Bhopal. The information regarding the aforesaid offence of rape was initially communicated by the prosecutrix (PW-5) to one Nathu Singh (PW-6), who was an old acquaintance of the family and was considered as grand father by the prosecutrix. Thereafter an High Court of Madhya Pradesh FIR (Ex.P-6) was lodged at the concerned Police Station. The prosecutrix was medically examined by the doctors and after completing the investigation, charge sheet was filed against the present appellant before the competent Court, and the learned Sessions Judge, Bhopal after recording the evidence of the witnesses convicted the present appellant under Sections 376(1), 506 of IPC and sentenced as aforesaid.
(3.)Being aggrieved by the impugned judgment, finding and sentence the instant appeal has been preferred by the appellant.