BHUWAN LAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 2.12.1998 passed by the Additional Sessions Judge, Balod in Sessions Trial No.190 of 1997 convicting and sentencing the Appellant as under:

(2.) Facts of the case, in brief, are that on 13.4.1997 at about 4:30 p.m., First Information Report (Ex.P1) was lodged by the prosecutrix (PW1), aged about 18 years alleging that for the last 3 days she was going in the agricultural field of Chhannual, father of the Appellant for keeping watch on the crop of paddy. On 13.4.1997 at about 10:00 a.m., the Appellant came to the agricultural field. Having seen her alone there, he deliberately caught her and caused her to fall down on the bank of the drainage. When she tried to shout, he gagged her mouth with a gamchha (a piece of cloth) and thereafter committed rape with her. He also threatened her of life on being disclosed the incident to anyone. Her bangles were broken and she suffered injury on her left ankle. She returned home and told about the incident to her mother and thereafter she lodged the FIR (Ex.P1). Her medical examination was done by Dr. Alpana Agrawal (PW3). She gave her report (Ex.P2) in which she found a fresh scratch of 2 m.m. x 1 m.m. present below the vagina of the prosecutrix. On being touched on the scratch, blood was oozing out. The prosecutrix was found to be habitual to sexual intercourse and no definite opinion could be given regarding recent sexual intercourse with the prosecutrix. Vide Ex.P6, petticoat of the prosecutrix was seized. The said petticoat was examined by Dr. Alpana Agrawal (PW3). She gave her report (Ex.P3) in which she found blood stains and soil stains on the petticoat. Pieces of broken bangles were seized from the spot vide Ex.P7. One bangle was seized from the hand of the prosecutrix vide Ex.P8. The seized articles and the vaginal slides were sent to the Forensic Science Laboratory for chemical examination. FSL Report is Ex.P12 which states that stains of semen were present on the petticoat of the prosecutrix. On completion of the investigation, a charge-sheet was filed against the Appellant for offence punishable under Sections 376 , 506B , 323 of the Indian Penal Code. Charges were framed against him under Sections 376 , 506(2) and 323 of the Indian Penal Code.

(3.) To rope in the Appellant, the prosecution examined as many as 4 witnesses. Statement of the Appellant was also recorded under Section 313 Cr.P.C. in which he denied the guilt and pleaded innocence. 2 witnesses have been examined in his defence.