JAI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Present appeal has been preferred by the appellant Jai Singh aggrieved by his conviction u/S. 376, I.P.C. and sentence of 7 years' R. I.

(2.) Prosecution case is that the accused/appellant had obtained the employment for Ku. Sangeeta (PW-4) as a maid-servant in the house of Mst. Rukmani (PW-2). On 10-6-88 at about 7 p.m. the accused/appellant went to the house of Mst. Rukmani (PW-2) and asked Ku. Sangeeta (PW-4) whether she would go back to her house. The prosecutrix Ku. Sangeeta (PW-4) accompanied him on his bicycle. The accused took her towards the village tank. When enquired he told her that after visiting the village-tank, he would leave her to her house. On reaching near the tank, the accused/appellant offered her to sit near the tank for conversation. On refusal, the accused caught of her and fell her on the ground and committed forcible sexual intercourse with her. The prosecutrix received injuries on her right hand and burning sensation in her vagina. The accused left her after commission of sexual intercourse. She went to her house and immediately narrated the incident to her mother. Report of the incident was lodged vide Ex. P. 4 promptly at 10 p.m. on the same day. Prosecutrix was medically examined by Dr. (Smt.) Kiran Katare (PW-3) and she found the following injuries on her person in the medical examination report Ex. P. 3. :

(3.) The under-wears were also seized. Seminal stains and human spermatozoa have been found on the under-wears. The prosecutrix was further subjected to radiological examination. Dr. M. L. Agrawal (PW-6) conducted the X-ray examination and opined that the lower and upper ends of radius and ulna were not fused and as per his report Ex. P. 6 the age of prosecutrix Ku Sangeeta (PW. 4) was found to be below 15 years.