The girl then narrated the incident to her father who lodged a report which was treated as F.l.
The further prosecution case is that on suspicion the appellant prosecution case is that on suspicion the appellant who was also an army jawan was arrested and his identification parade was held on 23.71984 by PW 2 wherein the appellant was identified by the prosecutrix.
R. and Police thereafter started investigation.
Her father, Siyaram, PW 9 went in search of the girl and found her standing on the road and crying, as the accused had left her near that place.
The prosecution alleged that while the prosecutrix PW 5 was playing, the appellant induced her and then took her outside the military camp and subjected her to sexual assault on account of which the girl started profusely bleeding.
185 of 1984 and companyvicted the appellant under section 376 I.P.C and sentenced to undergo rigorous imprisonment for 10 years.
On companypletion of investigation the charge sheet was submitted and the accused stood the trial.
The High Court by the impugned judgment set aside the order of acquittal of the appellant passed by the 2nd Additional Sessions Judge, Sagar MP , in Sessions Trial No.
The appellant stood charged of the offence of companymitting rape on the allegation that on 26th May, 1984 he companymitted rape on a minor girl Kumari Sarvesh, PW 5 when the girl was playing outside her house in the companypany of her two younger sisters.
34 of 1986.
Mrs. Shushila Shukla and Uma Nath Singh Advs.
with him for the Respondent, J U D G M E N T The following Judgment of the Court was delivered PATTANAIK, J. This appeal is directed against the judgment of the Madhya pradesh High Court dated 7th September, 1992 in Criminal Appeal No.
On an appeal being carried, the High Court by the impugned judgment interfered with the order of acquittal and relying upon the evidence of the prosecutrix more particularly the identification of the appellant by the prosecutrix companyvicted the appellant as already stated.
for the appellant N. Shukla, Sr.
