RAJESH Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 7.8.1999 passed by the Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Raipur in S.T. No. 73/98 convicting the accused/appellant under Section 376 of the Indian Penal Code (for short 'the IPC) and sentencing him to undergo RI for 03 years and fine of Rs. 1,000/-, in default to undergo additional RI for 20 days.

(2.) As per prosecution case, on 1.1.1998 the prosecutrix, a minor girl aged about 13 years, lodged FIR (Ex. P-9) alleging in it that on the previous day at about 3.00 pm when she was keeping watch on her field, the accused/appellant came there and after satisfying that she is all alone, threw her on the field and when she tried to raise cries, he gagged her mouth with his hand and thereafter removed his clothes. He removed her underwear and inserted it in her mouth and thereafter committed forcible sexual intercourse with her and as a result she became unconscious. She has further alleged that as her underwear was inserted in her mouth, she could not raise any alarm. She has further stated that her mother reached the place of occurrence, dressed her again, offered water to drink and thereafter she was brought home by her mother in the bullock - cart of her father. She has further stated that after regaining consciousness, she narrated the entire incident to her parents and then the report was lodged. Based on aforesaid allegations, offence under Section 376 of the IPC was registered against the accused/appellant. The prosecutrix was medically examined by Dr. Nirmala Bakhru (PW-10) vide Ex. P-7, whereas after arresting the accused/appellant he too was medically examined vide Ex. P-1 by Dr. S.R. Banjare (PW-6). After completion of investigation, charge sheet was filed against the accused/appellant for the offence punishable under Section 376 of the IPC and accordingly the charge was framed.

(3.) In order to convict the accused/appellant, the prosecution examined 11 witnesses in all. Statement of the accused/appellant was recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case and pleaded innocence and false implication. He has examined Lalji (DW-1) in his defence.