RAMESH SHARMA Vs. SATTE OF M P

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 22-2-1991 passed by First Additional Sessions Judge, Durg in Sessions Trial No. 110/90. By the impugned judgment, accused/appellant Ramesh Sharma @ Vinod Tiwari has been convicted and sentenced in the following manner with a direction to run the sentences concurrently:- <IMG>JUDGEMENT_12_MPHT(CHH)4_2013.jpg</IMG>

(2.) THE case of the prosecution, in brief, is as under :- On the date of incident, i.e., 6-5-1987, prosecutrix (P.W. 2) was aged about 9 years. On that date, prosecutrix (P.W. 2) was sitting near a culvert (puliya) and watching catching of fishes by some persons in the Nala. At that time, the appellant came there and asked from her about Quarter No. 115. On being asked by the appellant, she went along with the appellant to show Quarter No. 115. The appellant took her Ruabandha Sector where houses were constructed. The appellant dragged her to the platform constructed over upstairs of a quarter, removed her clothes, also removed his clothes and penetrated his penis to vagina of prosecutrix (P.W. 2). Blood oozed out from vagina of prosecutrix (P.W. 2). Thereafter, the appellant left her and went away from the place of occurrence. Prosecutrix (P.W. 2) returned home and narrated the incident to her father D.D. Singh (P.W. 3) and mother. On Sunday, the appellant was sitting on the culvert. Prosecutrix (P.W. 2) told her father D.D. Singh (P.W. 3) that the appellant was sitting on the culvert. D.D. Singh (P.W. 3) caught the appellant and took him to Police Station, Newai, where prosecutrix (P.W. 2) lodged First Information Report (Exh. P-3). Thereafter, regular FIR No. 207/87 (Exh.P-3A) was registered in Police Station, Bhilainagar for offence under Section 354, IPC. Prosecutrix (P.W. 2) was sent to District Hospital, Durg for medical examination vide Exh.D-7. Doctor- Smt. Jaya Phuljhele (P.W. 9) examined prosecutrix (P.W. 2) and gave her report (Exh.P-12), in which she found that tenderness was present in vagina, blood was slightly oozing out of the vagina and prosecutrix (P.W. 2) was feeling pain on her private part. She opined that the age of prosecutrix (P.W. 2) was 8 to 10 years. She prepared two slides of vaginal swab of prosecutrix (P.W. 2) and handed over the slides to Constable for chemical examination. The appellant was also sent to District Hospital, Durg for medical examination vide Exh. P-8. Doctor-D.K. Agrawal (P.W. 1) examined him and gave his report (Exh. P-1), in which he opined that the appellant was capable for doing sexual intercourse. In further investigation, spot map was prepared vide Exh.P-4. Two vaginal slides were seized in sealed condition vide Exh.P-5. The seized articles were sent to Forensic Science Laboratory, Sagar for chemical examination vide Exh.P-9 and report (Exh. P-11) was received therefrom. After completion of the investigation, charge-sheet was filed against the appellant in the Court of Chief Judicial Magistrate, Durg, who, in turn, committed the case to the Court of Session, Durg, from where it was received on transfer by the First Additional Sessions Judge, Durg, who conducted the trial and convicted and sentenced the appellant as mentioned above.

(3.) SHRI Anand Verma, learned Panel Lawyer for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded to the appellant do not call for any interference by this Court.