Life imprisonment means imprisonment for the entire remaining life of the convict unless remission is granted by the appropriate government.

JUDGMENT PRAKASH SHRIVASTAVA, J. – By this appeal under section 374(2) of Criminal Procedure Code, 1973, appellant has challenged the judgment dated 25th of January, 2002 passed by the Additional Sessions Judge, Asdhta, District Sehore in Session Trial No. 19/2001 convicting the appellant for offence under section 363, 366, 376 and 376 of the Indian Penal Code and sentencing him to imprisonment for life.

2. The prosecution story is that the appellant is son of Kamla Bai’s Uncle and was residing in her house for last two months. On Wednesday, Kamla Bai had gone out of the house to work as a labour and the appellant was in the house with the children. In the evening when Kamla Bai came back, she found that her son Babu aged about 5 years, daughter Akeela Bai aged about 8 years and Sarju Bai aged about 10 years were missing. She had lodged the missing report on 14-9-2000 vide Exhibit P/23 in Police Chowki, Mehatwada, Police Station, Jawar and had expressed the suspicion that the appellant had taken those children. The children were recovered from the custody of the appellant on 13-11-2000. On inquiry, Akeela Bai and Sarju Bai had disclosed that the appellant used to commit rape upon them. The statements of Sarju Bai, Babu, Kamla Bai and Shankarlal were recorded by the police on 14-11-2000. The appellant was arrested and medical examination of the appellant and Sarju Bai and Akeela Bai was done. The clothes and semen slides were also seized. After investigation, challan was filed. Appellant had abjured the guilt and the trial had taken place. During the trial, Abdul Hamid Qureshi (PW/16) had produced the record of Central Jail, Bhopal and proved the earlier conviction of the appellant under sections 363, 366 and 376 of the Indian Penal Code and the fact that the appellant had earlier remained in custody in Central Jail, Bhopal from 30-6-1991 to 12-6-2000.

3. The trial Court after appreciating the occular as well as the documentary evidence had found that the offences against the appellant were proved and; accordingly’ convicted and sentenced the appellant in the manner indicated above.

4. Learned counsel for the appellant has submitted that the appellant has falsely implicated in the matter and that the appellant had already remained for a sufficient period in custody after completing 14 years and; therefore, now he should be released.

5. Learned counsel for the State has opposed the appeal and has submitted that having regard to the nature of the case and the material available, no ground for interference is made out.

6. We have heard the learned counsel for the parties and perused the record.

7. Akeela Bai (PW/7) is a minor aged about 10-12 years and she in her Court statement has deposed that the appellant had come to her house and had taken her on the pretext of going to her mother. She has also stated that the appellant has taken Sarju Bai her cousin sister and Babu her brother along with her and had kept all three of them in Buddleia Forest and had committed rape upon her and Sarju Bai. She has given the clear description of the commission of rape by the appellant. She has also disclosed that the appellant had kept them in Media, Deria and other forests and used to commit rape of and on. She has also stated that the appellant used to beat them in case of any resistance. Similar is the statement of Sarju Bai (PW/8) who had also given the description of commission of rape upon her in her Court statement. The statements of Akeela Bai (PW/7) and Sarju Bai (PW/8) and further corroborated it the statement of PW/9 Babu who was the eye-witness of the entire incident. Dr. (Smt.) Archna Soni (PW/3) had examined Sarju Bai and had found swelling on her private parts and also found hymen missing and expressed the possibility of sexual intercourse. As per the X-Ray report (Ex.P/3), she has disclosed the age of Sarju Bai to be around 10-12 years. Smt. Malti Arya (PW/6) had medically examined Akeela Bai and has found old ruptured hymen and