SALIM Vs. STATE OF M.P.

JUDGEMENT

(1.) By this appeal under Section 374(2) of the Code of Criminal Procedure Appellant-Saleem S/o Battu Miyan Musalman has questioned the legality and correctness of the judgment of conviction & order of sentence dated 14th May, 1996 passed by learned 2nd Additional Sessions Judge, Durg is Sessions Trial No. 253/95, whereby learned Additional Sessions Judge after holding the accused/Appellant herein guilty for commission of offence under Section 376(2)(f), 363 & 324 of the I.P.C. sentenced him to under of imprisonment for life, 3 years, R.I. and 3 years R.I. respectively. All the sentences were directed to run concurrently. It was further directed that the accused/Appellant will be entitled for set off for the period for which he remained in custody.

(2.) The prosecution case, in brief, is that on 30.3.1995 Santulal, father of the prosecutrix lodged a report in the Police Station Rajhara to the effect that today at about 8.45 p.m. when he returned to his house from his work, he saw that his wife Smt. Laxmi Bai was standing at the gate of house, she informed him that at about 8.00 p.m. accused Salim came to the house and took the prosecutrix, aged about 8 years, on the pretext that he will provide her chocolate, since then he has not returned, on which he went in search of his daughter. He went to the house of accused, where he was residing. He saw that the gate of the quarter was bolted from inside, he heard the cries of his daughter coming form inside the quarter, on which he broke open the door by striking with the foots and saw that her daughter was lying on the ground in naked condition and accused was committing rape on her, on which he pulled the accused/Appellant. He saw that the blood was oozing out of the vaginal part of his daughter. The neighbourers also saw them. His daughter disclosed him that after applying oil the accused/Appellant committed rape on her. He had also bitten on her breast & cheek with teeth. Receiving this report the Police registered the Crime under Section 376 of the IPC.

(3.) The prosecutrix was sent for medical examination to the Assistant Surgeon, Government Medical Hospital, Balod where Dr. Smt. Shashi Claudius (PW-7) examined the prosecutrix. During examination the doctor notices seven lacerated wounds in the size of cm cm in semi circular fashion with contusion on the right side of cheek and in her opinion same were caused by bite with teeth. Lacerated wound on the left side of the cheek was found and there was same type of bitten wound just above the right breast also. On further examination of private part the doctor found that secondary sex characters were not developed. Labia, mazora, menora medial side of thigh having blood and no public hair were present. There was a lacerated wound in the size of 1cm 2cm cm, fresh bleeding at hymen extending towards Vagina at 6 clock position. Two slides of posterior fornix were prepared and same were sent for chemical analysis. Grievous injuries, i.e. lacerated wounds including perineal muscles were caused by hard & blunt object most probably by penis within 12 hours. Lacerated wound stitched under local anesthesia. Two lacerated wounds at 2 & 10 clock position extending towards vagina were found, injuries were simple in nature and caused by hard and blunt object most probably by penis. Coitus cervix vagina uterus was very small and age of prosecutrix is about 6-8 years. She is not habitual to intercourse and according to the doctor rape has been committed on her.