PANCHAM BATHAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has been convicted under Section 376 read with Section 511, IPC and sentenced to three and half years R. I. with fine of Rs. 1,000/-, vide judgment dated 26-3-2004 in Sessions Trial No. 134/2003. Against which he has preferred this appeal under Section 374 of the Code of Criminal Procedure.

(2.) AS per prosecution story on 23-2-2003 prosecution aged about 5 years was playing outside the house. Raju Batham (P. W. 3) and Kantibai (P. W. 2) are her parents/father and mother. When she was playing outside the house, appellant came there and tempted her for giving biscuits and chocolates and took her in his room and she was laid on mat. He removed her undergarments and also removed his garments and started fingering in her vagina and touched her vagina from his penis and laid over her body. When she felt pain, she cried. In the meantime, sister of the appellant came on spot and pressed her mouth. Blood oozed from her private part and thereafter accused left her free. She came to her house and narrated the story to her Uncle Manoj and mother Kantibai. Thereafter her mother went to lodge the report to Police Station Gwalior, where FIR was lodged by prosecutrix, which is Ex. P-1; on the basis of which crime was registered, criminal law was set into motion and the prosecutrix was referred for medical examination. She was examined by Dr. Yashodhara Batham (P. W. 4 ). Slide of the vaginal swab was prepared and her clothes were also seized. Spot map Ex. P-5 was prepared. Plastic mat was also seized by seizure memo Ex. P-6 and thereafter both the accused persons were arrested. Accused Pancham was also medically examined and after investigation charge-sheet was filed.

(3.) DURING trial, accused persons abjured their guilt. Trial Court acquitted one accused Mahesh Kumari and found that the charge under Section 201, IPC is not found proved against her but convicted the appellant under Section 376 read with Section 511, IPC and sentenced as aforesaid, against which he has preferred this appeal.