IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA ON THE 15th OF FEBRUARY, 2024 CRIMINAL APPEAL No. 1324 of 1999 BETWEEN:-

BALU S/O DARIYAVSINGH AGED ABOUT 17 YEARS, OCCUPATION LABOUR R/O VILLAGE POLAYKALLA DISTRICT SHAJAPUR (MADHYA PRADESH)

.....APPELLANT (SHRI AKHIL GODHA - ADVOCATE ON BEHALF OF SHRI S.S. SHIVHARE-

ADVOCATE)

AND THE STATE OF M.P. THROUGH POLICE STATION AVATIPUR BADODIYA(MADHYA PRADESH)

.....RESPONDENT (SHRI TARUN PAGARE- PUBLIC PROSECUTOR)

This appeal coming on for orders this day, the court passed the following:

ORDER

The present appeal is filed under section 374 of Cr.P.C being aggrieved by the order dated 05.10.1999 passed by Special Judge, Shajapur in Special Criminal Case No.43/1999 convicting the appellant under section 376 of IPC and sentencing him for 7 years RI.

The prosecution case is that the prosecutrix alongwith PW/2, who is 7 years old had gone to field alongwith goats for grazing the goats, the accused came at the spot and caught hold her and removed her garments on the point of knife. When she resisted she got injury on finger of right hand. When PW/2 who was accompanying the prosecutrix resisted. She was also bea