PRAKASH SHRIVASTAVA,J. - (1.)By this appeal under Sec. 374(2) of Code of Criminal Procedure, 1973, the appellant has challenged the judgment dtd. 17/5/2000 passed by the Vth Additional Sessions Judge, Bhopal in Sessions Trial No.390/1999 whereby, the appellant has been convicted for the offences punishable under Ss. 376 and 506 of the IPC and sentenced to Life Imprisonment for offence under Sec. 376 with fine of Rs.1.00 lakh and also sentenced to one year RI for the offence under Sec. 506 of IPC and default sentence of six months in case of non-payment of the fine amount. Both sentences are to run concurrently.
(2.)The prosecution case is that the prosecutrix is the daughter of the appellant and when she was aged about 8 years, her mother Reshma Bi had died due to illness. After the death of mother of the prosecutrix, the appellant had married twice and one of the wives had fled away and second had died and the third wife of the appellant was Jarina Bi. Further case of the prosecution is that when the prosecutrix was aged about 12 years, at that time, the appellant had committed rape upon her for the first time inspite of the resistance by the prosecutrix. The prosecutrix was also threatened by the appellant of severe consequence in case of disclosure of the incident to anybody. Thereafter the appellant used to commit rape every now and then. In 1994, the jhuggies were removed and the appellant along with the prosecutrix came to Goutam Nagar Janta Quarter but he had continued to rape the prosecutrix.
(3.)On the 25th August at night when he was committing rape, at that time, Jarina Bi, the stepmother of the prosecutrix, had seen it and the appellant had beaten Jarina Bi. On the third day, Jarina Bi had asked the prosecutrix to go to Jaitoon Bi, the sister of the appellant (Bua) and disclose the entire incident. On 5/10/1999, in the afternoon, the prosecutrix left the house and went to Bareli where her Bua was residing but on reaching Bareli, she found that Jaitoon Bi had gone to Bhopal, therefore, she waited at Bareili and on 7/10/1999, when Jaitoon Bi came back from Bhopal, the prosecutrix had disclosed the entire incident to Jaitoon Bi, who had taken the prosecutrix to the police station where the FIR (Ex.P/1) was registered and the investigation started. The spot man was prepared, medical examination of the prosecutrix was done and her frock was sent for the chemical examination. After completing the investigation, Police had filed the challan, appellant had abjured the guilt and the trial took place.