SATYANARAYAN Vs. STATE OF M.P. (NOW CHHATTISGARH)

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment of conviction and order of sentence dated 28.09.1999 passed by the learned IInd Additional Sessions Judge, Baloda-Bazar, District-Raipur, in S.T. No. 371/1991 whereby, the learned IInd Additional Sessions Judge convicted the appellants and sentenced them as under :-

(2.) Brief facts of the case are that on 19.06.1990 at about 10 O'clock the prosecutrix had gone to the house of appellant No. 2 Bugalbai, at that time the other two appellants were also present there. It is alleged that Bugalbai and Mangleenbai told the prosecutrix to go to Kanabaat @ Satyanarayan's house, he will keep her as his wife. At this, prosecutrix told that she is married and why would she go with Satyanarayan, upon Satyanarayan is threatened her that he will kill her and then everybody returned to their houses, prosecutrix also returned to her house. It is alleged that at about 2 O'clock when the prosecutrix came out of her house, Mangleenbai and Bugalbai were sitting in front of the house of Bugalbai and they again threatened her, then the prosecutrix accompanied them to the house of Satyanarayan where he caught hold of her hand, took her inside the room, taking out her clothes and committed sexual intercourse with her. Thereafter, the appellant Satyanarayan closed the door and kept her in the house till 5 O'clock and when the father of the prosecutrix came there accused opened the door, dragged her to his house. The prosecutrix narrated about the incident to her parents, and on 20.06.1990, FIR was lodged against the appellants at the police station.

(3.) In order to collect evidence, the investigator, after obtaining permission from the Sub-Divisional Magistrate, Raipur to test the genitals of the complainant, and after obtaining consent from the complainant and his father to test his genitals, was sent to the Primary Health Center, Palari to be examined by a lady doctor. Thereby doctor Madhuri Lahate conducted the genital examination of the complainant in the District Hospital, Raipur and after receipt of the report, advised for ossification test for age determination, from X-ray was taken and the complainant was found to be of 15 to 16 years of age and seized the petticoat of the complainant, got it tested, in which human sperm found. The doctor was advised for chemical examination, and the accused was sent to the Primary Health Center, Palari to examine whether he is capable of performing sex, and the positive report was received and the underwear of the accused showed signs like human sperm. On being found, he was examined by doctor and chemical examination was advised. Spot map was prepared. The clothes of the accused and the complainant were seized and the slides were prepared. The accused was arrested after finding sufficient evidence against him and the seized material was sent to the Forensic Science Laboratory, Raipur for chemical examination. After completion of investigation charge-sheet was filed and charges were framed under Section 342, 368 and 376 of IPC against the appellant No. 1 (Satyanarayan) and under Section 363, 366 of IPC against the appellants No. 2 and 3 (Bugalbai and Mangleenbai).