BHUSHAN NARAYAN NAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 23-3-1990 in Sessions Trial No. 55/89, whereby, the accused/appellant was convicted under Section 376 of I. P. C. and was sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo R. I. for 4 months.

(2.) The case of the prosecution is that the prosecutrix namely Ku. Ashwani Bai, a minor girl aged about 13 years, was playing near her house at about 12-1 O'clock in the noon. Her parents were not present at that time. The appellant, who is the neighbour of the prosecutrix, came over there, took her to a Kotha (a place where the straw etc. are kept), got her lie on the straw and committed sexual intercourse against her. When the father of the prosecutrix came to the house in the evening, the prosecutrix reported the matter to him and thereafter, the prosecutrix, her father and other villagers went to the Police Station and lodged a complaint. Firstly, the complaint of the prosecutrix was recorded in Roznamchasana (Daily Diary) of the Police Station at No. 661 vide Ex. P/11 and thereafter, she was sent for medical examination under the memo (Ex. P/7). Her medical examination was conducted by Dr. (Smt.) M. Purohit (PW 10), who prepared her report (Ex. P/9). After receiving the medical report by the Police, a First Information Report (Ex. P/l2) was registered in the Police Station under Sections 376, 354 and 51-1 of I. P. C. against the appellant and the investigation commenced. The Investigation Officer prepared the site plan (Ex. P/6) and he also seized underwear of the prosecutrix and the statements of the witnesses were recorded. During the course of investigation, the accused/appellant was taken into custody and was sent for medical examination and his medical report (Ex.P/3A) was prepared. The underwear, hairs and slides sent by the hospital marked as Arts. A, B and C were sent to the State Forensic Science Laboratory, Sagar, for their chemical examination, on which, the report (Ex. P/5-B) was received from the said authority, according to which, semen etc. was not found on these articles sent for chemical examination.

(3.) The charge sheet was filed under Section 376 of I. P. C. before the Judicial Magistrate First Class, Dhamtari, who in turn committed the case to the Court of Session on 31-1-1989, wherefrom, the case was received on transfer in the Court of Second Additional Sessions Judge, Raipur, who conducted the trial.