MUNNA ALIAS PURSHOTTAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against his conviction under S. 376, IPC and sentence of five years' R.I.

(2.) Prosecution case briefly stated is that on 25-5-86 at about 9 p.m. in village Jahaj Bhata, Jagdalpur, when the prosecutrix Kanti Bai was going to her house, she met the accused Munna alias Purshottam who was carrying a knife. Accused Sapan (dead) and Sudesh also joined him. Munna gagged her mouth and all of them took her towards air strip side in a bush. Initially, accused Munna performed forcible sexual intercourse with her and thereafter, accused Sapan and Sudesh also satisfied their lust by committing forcible sexual intercourse. On her raising cry, her mother Surmani Bai came there. On seeing her, accused ran away from the spot. During the course of forcible sexual intercourse, bangles of the prosecutrix were broken. Accused Sudesh had left his cycle on the spot and the other accused Munna also had left his towel. Report Ex. P-1 was lodged at P.S. Frejerpur by the prosecutrix. Prosecutrix was referred for medical examination. In the medical report - Ex. P-9, Dr. (Smt.) S. Bansal (P.W. 6) found reddish (redness) as also swelling in the hymen of the prosecutrix and vaginal slide was prepared and was handed over for chemical examination. Her clothes were also seized and handed over to the constable by the doctor. Doctor opined that sexual intercourse was performed with the prosecutrix. Accused Sudesh was also referred for medical examination and he was found capable of performing sexual intercourse and his physical examination revealed that there were several abrasions over his private part, chest, left leg, and on face below the right eye. As per medical examination report (Ex. P-3), furnished by Dr. R. K. Devangan (P.W. 5), Sapan and Munna were also medically examined and they were also found capable of performing sexual intercourse. Underwear and Lungi of accused Munna were recovered and sent to the Forensic Science Laboratory for chemical examination. Report of the chemical examination has been placed on the record. It reveals that on the petti-coat and Sari of the prosecutrix, vaginal smears slide, underwear of accused Munna, underwear of accused Sapan and half pant of accused Sudesh, presence of human spermatozoa was confirmed. Blood was also confirmed on articles - petti-coat, sari, vaginal smear slides of the prosecutrix, underwear of accused Munna alias Purshottam and underwear of accused Sapan. The prosecutrix was further referred to Radiologist for determination of her age. Her age, according to examination report, was found to be between 15 to 16 years. As per Radiologist's report-Ex. P-11, Dr. N. S. Thakur (P.W. 7) opined that there could be difference of three years on either side. Accused Sudesh was found to be of 20 years of age.

(3.) Accused abjured the guilt and contended that they have been falsely implicated. During trial, one of the accused, viz. Sapan died. Munna alias Purshottam and Launda alias Sudesh were convicted and sentenced by the trial Court. The present appeal is on behalf of Munna alias Purshottam alone.