SOVINDA Vs. STATE OF M P

JUDGEMENT

(1.) THE two appellants, Sovinda and Govinda, have preferred this appeal aggrieved by their convictions and the sentences imposed. Sovinda has been convicted under Sections 457 and 376/34, IPC and sentenced to undergo rigorous imprisonment for 5 years and 7 years respectively for the two offences whereas Govinda has been convicted under Sections 457 and 376, IPC and sentenced to R. I. for 5 years and 7 years respectively.

(2.) ACCORDING to the prosecution case, in the intervening night of 21st and 22nd September, 1988 prosecutrix Kisnabai was sleeping in her house. She was a married woman and her husband Jiyalal, owing to Ganpati festival, had gone to the house of Bansingh situated in front of his house. The prosecutrix had not closed the door. She was sleeping on a cot and her husband was outside. At about 12-2 in the night, Jiyalal heard the cry of Kisnabai, the prosecutrix, and came running towards his house. He found the small door of the house open. Kisnabai narrated the incident of commission of the offence of rape. She told him that after entering into the house, Sovinda caught hold of her and Govinda committed forcible sexual intercourse.

(3.) THE report of the incident was lodged on the next day i. e. 22-9-88 at 7,30 p. m. at Police Station, Waraseoni. Written report was given to Sub-Inspector G. N. Baghel, exhibited as Ex. P-1, On the basis of the report offence was registered vide Ex. P-3. Kisnabai was referred for medical examination to the hospital at Waraseoni. As there was no woman Assistant Surgeon at Waraseoni, she was thereafter shifted to District Hospital, Balaghat where Dr. Archana Shukla (P. W. 4) medically examined her and gave report Ex. P-4. However, as the prosecutrix was a married woman, no definite opinion about rape could be given. Sari of Kisnabai and vaginal slides which were prepared were sent to the chemical examiner. Accused Govinda was sent for medical examination on 29-9-88 at Government Hospital, Waraseoni. He was examined on 30-9-88. Vide report of his medical examination, he was found capable of performing sexual intercourse. Spot map (Ex. P-7) was prepared by Dasaram Patel (P. W. 6 ).