The prosecution, in order to bring home the charge leveled against the accused examined the prosecutrix, PW1, Ramnali Bai, PW2, Dr. Smt.
The learned trial Judge on the basis of the material brought on record came to hold that the prosecution had been able to establish the charge against the accused and accordingly found him guilty and sentenced him as has been stated hereinbefore.
The respondent as accused was sent up for trial for the offence punishable under Section 376 2 f IPC before the learned Sessions Judge.
The prosecutrix narrated the entire incident to her mother which led to lodging of an FIR by the mother of the prosecutrix.
The defence chose number to adduce any evidence.
134/2009 and companyvicted the respondent accused herein under Section 354 of the IPC and restricted the sentence to the period already undergone which is slightly more than one year.
Sharda Bhola, PW3, Head Constable Babu Singh, PW4, ASI B.R.S. Raghuwanshi, PW5, and Dr. Milind Bhagat, PW6, and also got marked nine documents as exhibits.
Upon hearing the cry of the prosecutrix, her mother, Ramnali Bai, PW2, reached the spot, and then accused took to his heels.
As the prosecution story proceeds, he discharged on her private parts as well as on the stomach and washed the same.
The case of the prosecution before the Court below was that on 27.12.2008, the victim, aged about 7 years, PW1, was proceeding towards Haar from her home and on the way the accused, Madan Lal, met her and came to know that she was going in search of her mother who had gone to graze the goats.
On the basis of the FIR lodged, criminal law was set in motion, and thereafter the investigating agency examined number of witnesses, seized the clothes of the respondent accused, sent certain articles for examination to the forensic laboratory and eventually after companypleting the examination, laid the chargesheet before the companycerned companyrt, which in turn, companymitted the matter to the Court of Session.
The accused abjured his guilt and pleaded false implication.
The learned trial Judge, regard being had to the material brought on record, framed the charge under Section 376 2 f read with Section 511 of IPC.
The accused told her that her mother had gone towards the river and accordingly took her near the river Parvati, removed her undergarment and made her sit on his lap, and at that time the prosecutrix shouted.
808 of 2009 whereby he has set aside the companyviction under Section 376 2 f read with Section 511 of the Indian Penal Code IPC and the sentence imposed on that score, that is, rigorous imprisonment of five years by the learned Sessions Judge, Guna in ST No.
Dipak Misra, J. In this appeal, by special leave, the State of M.P. calls in question the legal acceptability of the judgment and order passed by the learned Single Judge of the High Court of M.P. in Criminal Appeal No.
The factual narration for disposal of the present appeal lies in a narrow companypass.
