MOTI LAL Vs. STATE OF M P

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a learned single Judge of the Madhya Pradesh High Court at Jabalpur upholding the conviction of the appellant for offence punishable under Ss. 450 and 376(1) of the Indian Penal Code, 1860 (in Short the IPC) and sentence of five years and seven years rigorous imprisonment respectively and fine of Rs. 2,000/- and 1,000/- respectively with default stipulation as recorded and imposed by the learned Special Judge Chhattarpur in Special Case No. 33 of 2002. Appellant (hereinafter also referred to as an accused) was charged for commission of offences punishable under Ss. 450 and 376(1, I.P.C. and 3(1)(xii) of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989, (in short the Act).

(3.) Prosecution version as unfolded during trial was as follows : On 17-1-2002 at 17.35 hours prosecutrix lodged report at police station Khajuraho to that effect that on the said date at 11 Oclock she was in the field of Hannu Gadariya at Bhusaur. The said field was taken on share basis by her husband, in which gram and wheat were sown. As usual, she had gone to the field for guarding. One hut was situated there, in which she lives and cooks and eats food at that place. At the said time she was alone in the hut. Her husband had gone to village Rajnagar. Accused-Motilal Gadariya who was resident of same village, came there and enquired from her about her husband Barelal. She told him that he had gone to Rajnagar, and he went away. She started sweeping with broom, inside the hut. After some time, Motilal forcibly entered her hut and knocked her down on the floor. He pulled up her saree and committed sexual intercourse. She kept shouting to break free, but there was no body. Then he ran away. Being knocked down by Motilal, her bangle on the right hand had broken and ankle had bruised. When her husband returned from Rajnagar, she narrated the incident to him. Then she and her husband went to Hannu Pal and informed him about the incident. Report was lodged and on the basis of aforesaid facts offences were registered under Ss. 452, 376, I.P.C. and S. 3 of the Act. The said Information Report (in short the FIR) was recorded by Sub-Inspector S. R. Rai (P.W. 7). The prosecutrix was sent for medical examination. Dr. Smt. Rama Parihar per formed the medical examination of which the medical examination report is Ex. P.10. The then Sub-Divisional Officer, Police S. S. Chahal (P.W. 11) prepared spot map Exb. P7 of the place of incident during the investigation and from the place of incident, pieces of broken bangles found were seized vide seizure Panchnama Exb. P.5. On 18-1-2002 the statements of prosecutrix her husband Parelal, Habbu and Manua were recorded. On 19-1-2002, accused was arrested vide arrest Panchnama Exb. P. 8 and one of his used underwear which was bearing some stains was seized vide seizure Panchnama Exb. P.6. Accused was sent for medical examination re garding his capability of performing intercourse. The examination report is Exb. P. 11. After completion of investigation, charge-sheet was produced before Chief Judicial Magistrate, Chhatarpur. On 18-2-2002 the case has been committed from the said Court to the Court of Sessions. Considering the evidence more particularly of the prosecutrix conviction was re corded. Accused preferred an appeal before the High Court. The High Court on considering the evidence given by the prosecution came to hold that the accused was guilty of the offences punishable under Ss. 376 and 450, I.P.C. The appeal was accordingly dismissed.