SHATRUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 10-10-2001 delivered by Shri Dilip Bhatt, Special Judge, (Scheduled Castes/Scheduled Tribes. (Prevention of Atrocities) Act) Bilaspur in special criminal case No. 76/2001 whereby the appellant was convicted under Section 376(1) of IPC and was sentenced to undergo rigorous imprisonment for seven years and a fine of Rs. 1,000/- and in default of payment of fine, to undergo simple imprisonment for two months.

(2.) The facts of the case lie within a narrow compass. The prosecutrix Ku. Arti, a minor girl aged about 13 years is the daughter of Ramaiya P.W. 2 and Fotobai P.W. 3. On 21-12-2000 at about 3.00 p.m. the prosecutrix with her playmates Nawadha, Shrawan Kumari and her sister Kalpana had gone to eat berries. After eating berries, they went towards the pond. The prosecutrix called her playmates but, they got separated. Thereafter, the prosecutrix washed herself and came to the bund of the field for returning home. At that time, the accused/appellant came there, caught hold of the prosecutrix and forcibly took her towards the tank and after gagging her mouth with a piece of cloth and forcibly making the prosecutrix lie down, undressed her and committed rape on her. While the accused/appellant was committing the sexual act, the piece of cloth came out from the mouth of the prosecutrix. At that point of time, she saw one Shankarlal P.W. 4 of the same village near the pond of the field. The prosecutrix shouted. Shankarlal P.W. 4 saw that the accused/appellant after dressing his 'lungi' ran away. He also saw that the prosecutrix was crying. He also noticed that there were blood stains in the thigh of the prosecutrix as also on her under garments. Rameshwar P.W. 5, a child witness aged about 11 years also happened to reach there and perhaps on being asked by Shankarlal P.W. 4, he ran to the house of the prosecutrix and told her mother that the prosecutrix had fallen from the tree.

(3.) The prosecutrix accompanied Shankarlal P.W. 4 to her house and informed her mother Fotobai P.W. 2 about the incident of rape by the accused/appellant on her. FIR Ex. P-1 was lodged at 10-20 a.m. on 22-12-2000 in P.S. Jaijaipur situated at a distance of about 12 Kms from village Borsi, the native place of the prosecutrix. The prosecutrix was sent for medical examination. Dr. Mrs. C. K. Singh P.W. 7 examined the prosecutrix at 5.15 p.m. on 22-12-2000 and found that dried blood was present on the medial side of left thigh and also on the right side dribbling downwards. Congestion was noticed over labia majora. Separation of thigh was painful Laceration was present on both sides in labia majora with reddishness present. It Weeded on touch. There was a perineal tear 1.5 cm x cm, with wound gaping, was congested and bleeding on touch. Hymen was torn at 7.5 o'clock position, the size of the tear being and 1/4 of cm on both sides. It also bleeded on touch. The vagina admitted one finger though it was very painful. Further, internal examination was not possible because of severe pain and tenderness. Dr. Mrs. C. K. Singh P.W. 7 opined that the prosecutrix was subjected to forcible sexual intercourse. In her opinion, the age of the prosecutrix was about 12 to 13 years. She referred her for radiological examination for confirmation of age.