RAMJI MARAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dtd. 7/8/1998 passed by the Special Judge, Durg District Durg in Special case No. 276 of 1997 whereby learned Special Judge after holding the appellant guilty for committing rape of a woman when she was under 16 years of age, convicted the appellant for the offence punishable under Sec. 376(2)(f) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.2,000.00, in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) Conviction is impugned on the ground that without there being an iota of evidence the learned trial Court has convicted and sentenced the appellant as aforementioned and thereby committed an illegality.

(3.) Case of the prosecution, in brief, is that the Prosecutrix Chandrika (PW-1) was the resident of village Khairikhar. She belongs to Scheduled Caste Community. On the date of incident, the prosecutrix along with her friend namely Mohini and Prabha (PW-2) had gone to field for gleaning the seeds of soyabeen, then the accused/ appellant came from her and escaped the friends of the prosecutrix, thereafter, the appellant forcefully caught hold the hands of the prosecutrix and dragged to the field of Rahar and lifted up her underwear and committed rape with her. The prosecutrix (PW-1) lodged First Information Report vide Ex.P-1 in Police Station Navagarh. The prosecutrix (PW-1) and the appellant were sent for medical examination to District Hospital, Durg vide Ex.P-9. Dr. Smt. Madhu Shrivastava (PW-10) examined her and gave her report vide Ex.P-9A. In Ex.P-9A, she found that the prosecutrix was minor girl with sparsely developed breast auxiliary and pubic hair was not developed. The appellant was also sent for medical examination vide Ex.P-14.