RAVINDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal by special leave arises from the judgment and order dated 12.3.2013 passed by the High Court of Madhya Pradesh, Bench at Indore, in Criminal Appeal No.1275 of 1997 whereby the High Court has upheld the sentence awarded to the appellant by the Additional Sessions Judge, Khargone, in S.T. No. 288/94. The Trial Court convicted the appellant under Section 376(1) of the Indian Penal Code ("IPC", for short) and sentenced him to 10 years rigorous imprisonment with a fine of Rs. 2000/-, and in default of payment of fine, 6 months simple imprisonment.

(2.) The factual matix of the case is that on 24.8.94, the complainant Narmadabai had gone to the field of the accused Ravindra for doing labour work. When she was plucking Moong Beans at about 12 O' clock, accused Ravindra came near her, caught her hand, pushed her down and committed sexual intercourse without her consent. Complainant cried but nobody was nearby. The Petticoat of the complainant was stained with semen of the accused. After committing rape the accused fled away from the spot. The prosecutrix (PW1) came home and she narrated the incident to her parents. Her mother called her maternal uncles, Shankar Singh (PW4) and Pahadsingh (PW5) and father of the prosecutrix. On the same day, an FIR was lodged by the prosecutrix (PW1) at Police Station Bhikagaon. The complainant and the accused were medically examined by Smt. Vandana Sarkanungo (PW3) and gave a report. On 1.09.1994 accused was arrested vide arrest memo. The clothes of the prosecutrix and the accused were sent to the FSL. After completion of the investigation, charge sheet was filed before the Judicial Magistrate, First Class, Bhikagaon, against the accused under Section 376 IPC which was registered as Criminal Case No.590/94.

(3.) The findings of the lower Court, as stated in the impugned judgment were that at the time of occurrence the prosecutrix (PW-1) was above 16 years of age. PW1 in her statement very categorically made allegation against the present appellant that when she was alone in the agricultural field of the appellant/accused, he came and forcefully caught hold of both her hands, and thereafter removed her clothes and committed rape. Dr. Smt. Vandana Sarkanungo (PW3) did not find any injury on the internal and external part of the prosecutrix (PW1) and opined that prosecutrix was habitual to sexual intercourse. In respect of the false implication on the appellant, it has come on record in the statement of Nand Kishore (PW2), who is father of the prosecutrix, that a sum of Rs.500/- was taken on loan by him from the appellant. But PW1 and PW2 have not deposed that due to the aforesaid reason there was previous enmity between them. The finding on this aspect of the High Court in the impugned judgment was that if there was any enmity, the appellant/accused could not have come to the house of the prosecutrix for inviting her to work in his agricultural field. The appellant/accused was examined by the doctor who found him capable of performing sexual intercourse. Semen was found in the undergarments of the prosecutrix, from the exhibit.