NEHRU ALIAS JAWAHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant, having been convicted under Section 376, I.P.C. and sentenced to undergo R.I. for 7 years, fine of Rs. 100/-., in default of payment of fine, further R.I. for 3 months, has preferred present appeal before this Court.

(2.) Briefly stated prosecution case is that prosecutrix Shatrupabai daughter of Chetanbai had come in the morning on June 10th, 1988 at Rajnandgaon along with her mother to sell bundle of fuel wood. When they were sitting at a place with the bundle of fuel wood, accused approached them and settled each bundle for Rs. 10/-. He thereafter asked both (mother and daughter) to leave the bundles at his residence. Both, therefore, picked up the bundles on their head and proceeded with the accused. After some distance, accused asked Sharupabai to sit there and he proceeded along with her mother Mst. Chetanbia. Leaving Chetanbai at some distance he again returned to Shartrupabai, took her in a school building and in a room there he committed forcibles- exual intercourse with her. As per the prosecution, the date of birth of the prosecutrix being January 3rd, 1974, she was below 16 years of age at the time of incident. After committing sexual intercourse accused again took her some distance with bundle of fuel wood and from there he dis-appeared. Sometime thereafter, both mother and daughter met each other, when Shatrupabai narrated the incident to her mother. Both of them immediately proceeded to police station where Shatrupabai prosecutrix lodged first information report Ex. P/3.

(3.) During investigation petticoat of Shatrupabai was seized. Seizure memo (Ex. P.12) was drawn into. Prosecutrix was referred for medical examination to District Hospital where she was examiend by Dr. Smt. I Chelani (PW 7), in which it was found that redness present in labia minora and labia majora and tenderness was present. Vaginal slides were prepared and handedover to constable. However, as per the medical opinion, no definite opinion about recent sexual intercourse could be given by the Doctor. Prosecutrix was referred for radiological examination. Report of examination (Ex. P/9 indicates that the aged of the prosecurtix was approximately 16 years with 3 years margin on either side.