BIJJI ALIAS BRIJBIHARI Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 28 th November 1994, passed by Sessions Judge, Tikamgarh, in Sessions Trial No.78/1993, convicting the appellant under Section 376 of the Indian Penal Code and sentencing him to rigorous imprisonment for 10 years.

(2.) In short, the prosecution case is that on 27.4.1993, at about 8.00 a.m., when prosecutrix, a young girl of about 16 years of age, was going to her field in village Raj Nagar, accused met her on way, forcibly felled her in a ditch in the bushes of ipomea and committed rape on her. Prosecutrix went to her house, narrated the incident to her mother and lodged a report at Police Station, Baldeogarh, on 28.4.1993 at 13.30 Hrs. As stated in the FIR, since father of the prosecutrix had gone out of village, she lodged the report next day, when her father came back. Prosecutrix was sent to Rajendra Hospital, Tikamgarh, where Dr. Madhu Jain (PW-5) examined her. Vide medical examination report Ex.P/5-A, Dr. Madhu Jain could give no opinion about the sexual intercourse, as the prosecutrix was a married woman. Petticoat and slide of the vaginal swab of prosecutrix was seized and sent to Forensic Science Laboratory. As per FSL report (Ex.P/11), said articles were found to have contained human sperms.

(3.) After investigation, charge sheet was filed in the Court of Magistrate. The case was then committed to the court of Sessions for trial.