YADU KUMAR Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 30-11-2002 passed in Sessions Trial No. 274/2002 by the Additional Sessions Judge, Dhamatri, whereby, the said Court, after holding the appellant guilty of offence punishable under Section 376 (1) of the IPC, sentenced him to undergo R.I. for ten years and pay a fine of Rs. 10,000/-, in default of payment of fine to further undergo R.I. for one year.

(2.) Case of the prosecution is that on 27- 4-2002 at about 12 noon, the prosecutrix (PW-11) had gone to take bath near a motor pump installed in her fields. After taking bath, when she was wearing clothes, this appellant came over there, caught hold of the prosecutrix and after putting off her clothes, got her lay down on a cot (which was there in the Jhala, a small hut, near the pump) and committed forceful sexual intercourse against her. When the prosecutrix made hue and cry, Shatrughan (PW-2), whose fields are also situated in the nearby locality, came over there and saw that the appellant was lying on the prosecutrix, who was lying on the cot, which was there in the Jhala. The appellant ran away from the place of occurrence after seeing Shatrughan. Just thereafter, three girls namely, Pushpa, Phoolkunwar and Savitri also reached to the place of occurrence and took the prosecutrix to her house. Father of the prosecutrix had gone to attend a marriage. He was called from the marriage house and the story was narrated to him by the prosecutrix. Thereafter, the report Ex.P-15 was lodged by the prosecutrix at about 3 p.m. on the same day.

(3.) During the course of investigation, the prosecutrix was sent for medical examination and was examined by Dr. (Smt.) Asha Tripathi (PW-3) who prepared her report Ex.P-7. According to her observation, the prosecutrix was aged about 13 years. Her secondary sexual characters were not fully developed. Auxiliary hairs and pubic hairs were very few and her breasts were also not developed. In the internal examination, she found dry blood on the perineum, labia mi- nora and labia majora were also not fully developed. There was one scratch mark in the vulva admeasuring 1/6" x 1/4 Vulva was inflamed and reddish in colour and she was complaining pains while touching the inflamed portions. Some white secretion was also seen in vulva, however, hymen of the girl was not ruptured. Clothes of the pros- ecutrix were seized under Ex. P-2. Her mark sheets of Class-V (Ex.P-4) and transfer certificate (Ex.P-5) were also seized under Ex. P-3. Admission register of the school was also seized and copy of its relevant page was collected as Ex. P-13. According to this register and also according to the other school certificates, her date of birth was 17-2-1990, according to which, she would be aged about 12 years 2 months and 10 days. Site plan was prepared under Ex.P-6. Appellant Yadu Kumar Patel was arrested and he was also medically examined by Dr. D.S. Dev (PW- 8) who prepared his report Ex. P-1, according to which he was able to perform sexual intercourse.