SWAROOP SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment of High Court of Madhya Pradesh at Jabalpur dated 16.7.2008 in Criminal Appeal No.301/1994.

(2.) According to the prosecution on 28.9.19992 at 12.30 p.m., the prosecutrix P.W.2 was proceeding to the field for cutting grass. On the way, the appellant who was roasting Maize/Bhutta in the field of PyareLal, blocked P.W.2 and asked her to go alongwith him into the field of sugarcane. When P.W.2 refused, the appellant caught hold of her by hand and forcibly took her to the sugarcane field, throw her down, gagged her mouth with the saree of P.W.2 and forcibly had intercourse with her by threatening her life at knife point. According to her by virtue of the said act of the appellant, white liquid started oozing out from her private parts, that she went to the boundary wall (Mound) where a well is situated and where Ram Singh Dada (P.W.4) was cutting grass. P.W.2 informed Ram Singh Dada as to what happened, who in turn passed on the information to her Kakaji Hari Prasad. Thereafter, her Kakaji Hari Prasad took P.W. 2 to home, where she narrated the whole incident. She stated to have informed her sister Chain Bai as well as her Kaki and Shanta Bai. She thereafter reported the matter to the Vilkis Ganj Police Station and after registering the report reached back home. She identified the report as Exhibit P2.

(3.) Subsequent to the registration of the case, the Police inspected the spot, seized the broken bangles and prepared a rough sketch. She was examined by the doctor who seized her peticoat and X-ray was also taken. The appellant was proceeded against in Criminal Case No.84/1992 for the offence punishable under Sections 376 and 506 Part II, IPC. The appellant having denied comission of the offence, witnesses were examined and in his statement under Section 313 Cr.P.C., the appellant pleaded total ignorance and that he was falsely implicated.