STATE OF MADHYA PRADESH Vs. KESHAR SINGH

JUDGEMENT

(1.) In the present case, there is concurrent decision of acquittal of the accused by the Sessions Court as well as the High Court of Madhya Pradesh.

(2.) The story of the prosecution is that the prosecutrix is a minor of unsound mind. On 09-11-1990 at around 8:30 a.m. when prosecutrix and her younger sister Nirmala (PW3) were going to their field with food for their father, the accused came and caught hold of the prosecutrix. He took her to some distance near a pond and committed rape on her. Prosecutrix's private parts had bled and the petticoat was blood-stained. On seeing this, PW3 Nirmala rushed to her father Gopal (PW4) and informed him of the incident. Then PW4 came to the prosecutrix who told him with the help of sign language (since she cannot speak properly) that the accused committed rape on her. He noticed that there were blood stains on her petticoat near the private parts. Thereafter, PW4 took the prosecutrix to police station and lodged an FIR at 11:30 a.m. on the same day. Medical examination of the prosecutrix was conducted which revealed that the hymen was ruptured and the examining doctor Dr. (Mrs.) F.A. Qureshi opined that the prosecutrix was subjected to sexual intercourse. During investigation the accused was arrested on 21-11-1990 and was medically examined. He was found to be capable of performing sexual intercourse. The police filed charge-sheet against the accused with the charge of rape under Section 376 of IPC.

(3.) The prosecution produced PW1 Dr. Smt. F.A. Qureshi, PW2 Manohar Singh (uncle of the prosecutrix), PW3 Nirmala (younger sister of the prosecutrix), PW4 Gopal (father of the prosecutrix) and PW5 R.K. Mishra (Investigating Officer). Other witnesses were formal witnesses. It is important to note that the prosecutrix was also produced as a witness, being PW6, but it was found that she was not capable of understanding what was asked and made irrelevant answers. In the medical examination of the prosecutrix also, she is found to be 12-16 years old with low I.Q.