RAKESH Vs. STATE OF MP

JUDGEMENT

(1.) The appellant has preferred this appeal against judgement and order dated 8th February 2016 passed in Session Trial No. 17/2013 by Ist Additional Sessions Judge, Ratlam, whereby the appellant was convicted under Section 366 and 376 (1) IPC and under Section 4 of The Protection of Children From Sexual Offences Act, 2012 (here-in-after referred as POCSO, Act) and was awarded 7-7 years Rigourous Imprisonment with fine of Rs.2000 each total Rs.4000 and in default of payment of fine he is directed further to undergo 3-3 months RI.

(2.) The prosecution case in brief is that in the evening of 7.11.2012, the prosecutrix had gone to relieve herself but didn't return home. In the next morning i.e. 8.11.2012, her father intimated the Police Station Ringnod. The police registered missing person report Ex.P/4&14 and thereafter FIR Ex.P/15 and started investigation. During the investigation, the police visited the spot and on the pointing of father of the prosecutrix, prepared spot map Ex.P/16. The police obtained mark sheet of seventh standard of the prosecutrix from her father and also collected scholar register Ex.P/2 of government primary school of village Chowki having date of birth of the prosecutrix as 01.05.1995.

(3.) On 31.1.2013, the police recovered the prosecutrix near over bridge of Pithampur and prepared recovery memo Ex.P/6. The police recorded her statement wherein she alleged that on the pretext of marriage, along with other four accused persons, Rakesh had kidnapped her and under the threat of life, had taken her to several places. He first took her to by foot from her village Chowki to Ringnode, then to Kalali Fanta by a tractor, then Mandsaur by a bus, then Ratlam and from Ratlam they boarded a train with the help of Om Prakash and Suresh and reached village Panola of Gujarat. Suresh accompanied them and also arranged a room from Dharmendra Singh Chouhan on rent, where they stayed for 25 days. After about a month Rakesh took her back to Pithampur. Here also Suresh arranged a rented accommodation and they both stayed for about two months. At both the places viz. Panola and Pithampur Rakesh raped her almost daily. She was produced before the Judicial Magistrate First Class for recording of statement under Section 164 Cr.P.C., where she reiterated her allegation. She was taken to the hospital for medical examination, where after taking her consent and also the consent of her father Ex.P/7&8, Dr. Preeti Raikwar PW-3 examined her. No injury; whether internal or external, was found on any of her body part. It was found that she was having pregnancy of 28 weeks. Doctor opined that the prosecutrix was habitual of intercourse. However, she prepared vaginal slides of the prosecutrix and handed them over to the police for chemical analysis (Ex.P/3&10). The same were sent to the FSL vide letter Ex.P/7. The appellant was arrested on 1.02.2013 vide memo Ex.P/12 and was medically examine by Dr. Vikram Rathor PW-1, who furnished report Ex.P/1. No injury was found, but the appellant was found capable of performing intercourse. His semen slide was prepared and was handed over to the police along with his pubic hair and underwear. On completing investigation, the police filed charge-sheet against five accused persons namely Rakesh, Om Prakash, Suresh, Rahul and Jagadish Chandra.