DHANIRAM ALIAS DHANNI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence dated 6.7.98 passed by the Special Judge, Raipur in Special Criminal Case No. 102/96 whereby the learned Special Judge convicted the appellant under Section 376/511 of the IPC and sentenced him to undergo Rl for 3 years & 6 months and to pay a fine of Rs.300/-, in default of payment of fine to further undergo Rl for one week.

(2.) Prosecution case, in short, is that a written report was lodged by the father of the prosecutrix on 8-7-1993 alleging that he belongs to Dewar S.C. Community and resides near Shri Ram Talkies, Mahasamund. The appellant resides opposite to his house, therefore, he was acquainted with his (complainant's) movement. The complainant had gone to Bhawanipatna (Orissa) in first week of may, 1993. Taking benefit of his absence, the appellant came to his house at about 8 pm on the date of incident and subjected her daughter to forcible sexual intercourse. She was threatened not to disclose the incident and appellant's brothers also came armed with knife and club. The appellant promised to marry her daughter, thereafter she was taken to Katabanji, where she was kept in the house of one Babli for about 10 days and was subjected to continuous sexual intercourse. When the appellant and his family members were questioned about the incident, they damaged the hut belonging to the complainant, causing loss of Rs.1000/-.

(3.) Since in the FIR itself, the complainant had stated that he is not aware about the date of birth of his daughter, the prosecutrix was sent to Radiologist, where she was examined by PW-3 Dr. T.K. Banarjee. According to his report (Ex-P/2), the prosecutrix was aged between 17 to 18 years, which can be calculated three years on either side. The prosecutrix was also sent for medical examination and a report (Ex-P/3) was submitted by the physician, however, the Doctor has not been examined by the prosecution. In the report following observations have been made:-