HEMANT Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30.9.1999 passed in Sessions Trial No.366 of 1996 by the Second Additional Sessions Judge, Raipur convicting and sentencing each of the Appellants as under: Conviction Sentence Under Section 376(2)(g) Rigorous Imprisonment for 10 years of the Indian Penal Code and fine of Rs.500/- with default stipulation

(2.) Facts of the case, in brief, are that the prosecutrix (PW18), aged about 16 years, was a mentally retarded girl. She was unable to speak properly. When Punitram (PW1), father of the prosecutrix and Chhediyabai (PW5), mother of the prosecutrix went to the agricultural field, the prosecutrix stayed alone at home. In the year 1993, as per the Hindu Calendar in the month of Agahan, stomach of the prosecutrix started swelling. She was avoiding to take food and began to vomit. On being asked by her mother Chhediyabai (PW5), she told that when she stayed alone at home, sexual intercourse was done with her by accused Hemant, Rambharosa and Sewan Kumar. Thereafter, a village panchayat was called by the parents of the prosecutrix. In the panchayat, accused Hemant and Rambharosa confessed that they had committed sexual intercourse with the prosecutrix. It is alleged that one agreement (Ex.P4) was also signed by them in the panchayat. It is also alleged that accused Ghanshyam Prasad aborted the pregnancy of the prosecutrix by making her consume medicines without her consent. First Information Report (Ex.P1) was lodged by Punitram (PW1), father of the prosecutrix on 21.2.1994. During investigation, statements of the prosecutrix as well as other witnesses were recorded under Section 161 of the Cr.P.C. Regarding the age of the prosecutrix, Kotwari Register was seized vide Ex.P9. The aforementioned agreement (Ex.P4) was seized vide Ex.P3. The prosecutrix was medically examined by Dr. Kiran Agrawal (PW19). Her report is Ex.P14A in which she has opined that the prosecutrix was mature for doing sexual intercourse, but she was unable to give a definite opinion regarding recent abortion of the prosecutrix. Accused Rambharosa and Hemant were examined by Dr. S.C. Shrivastava (PW12) and his reports are Ex.P10 and P11 in which he found that both of the accused were capable to perform sexual intercourse. On completion of the investigation, a charge-sheet was filed against the accused for offences punishable under Sections 376(2)(g) , 313 and 315 of the IPC. Charge was framed under Section 376(2)(g) IPC against accused Rambharosa, under Section 376(2)(g) IPC against accused Hemant, under Section 376(2)(g) IPC against accused Sewan Kumar and under Sections 313 and 315 IPC against accused Ghanshyam Prasad.

(3.) To rope in the accused, the prosecution examined as many as 19 witnesses. Statements of the accused were also recorded under Section 313 Cr.P.C. in which they denied the circumstances appearing against them, pleaded innocence and false implication. Two witnesses have been examined in their defence.