REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1798 OF 2008

Wahid Khan

…..Appellant

Versus

State of Madhya Pradesh

…..Respondent

J U D G M E N T

Deepak Verma, J.

1.

A minor girl aged about 12 years was subjected to

rape by the appellant on 14^th October 1988. The appellant was

charged and prosecuted for commission of offence under

Sections 366 and 376 of the Indian Penal Code (for short,

‘IPC’) and the co-accused Sneh Lata was charged under

Sections 342 and 366, IPC in the Court of III Additional

Sessions Judge, Bhopal in Sessions Case No.53/89.

2.

Judgment was pronounced in the said Sessions Case on

17^th May 1991 wherein and whereby co-accused Sneh Lata was

acquitted of the charges levelled against her, but the

appellant was found guilty of commission of offence under

Section 376, IPC and was awarded seven years’ rigorous

imprisonment. Insofar as the charge levelled against him

under Section 366 was concerned, he was acquitted by the said

court.

3.

Feeling aggrieved by the said judgment of conviction,

appellant preferred Criminal Appeal No.548 of