SHYAMLAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred under Section 374 of the Code of Criminal Procedure, 1973 (in short the Code) against judgment dated 09/12/2005 passed by IInd Additional Sessions Judge, Satna, District-Satna in S.T. no. 344/2002 convicted the appellant under Section 376 and 450 of IPC for committing rape on prosecutrix aged about 16 years after committing house trespass and sentenced to 10 years and 5 years R.I and fine of Rs.500/- and 200/- respectively.

(2.) Facts of the case in short are that on 17/09/2002 at about 9.00 am in village Giduri Amodha, District- Satna, Sundariya, mother of the prosecutrix went out of his house at rivulet (Nala) for cleaning clothes. Sundarlal, father of the prosecutrix had gone out of his house for labour work. Prosecutrix, aged 15 years, a mentally retarded girl, was in the house with her younger sister Seema, aged 8 years. Appellant came in the house and asked Seema to go out of the house for calling her mother (PW-2). Appellant closed the door of the house from inside and committed rape on the prosecutrix. Sundariya, mother (PW-2) was informed by her younger daughter Seema that appellant was calling her. Mother (PW-2) reached to the house and saw the house closed from inside, but could peep inside the house from a hole of the door and saw that appellant was committing rape on her daughter the prosecutrix. On raising alarm, appellant opened the door and ran away from the house.

(3.) Sundariya, mother (PW-2) lodged FIR Ex.P-2 at police station Kotwali, Satna. A case at crime no. 682/2002 was registered under Section 376 of IPC against the appellant. Prosecutrix was sent for her medical examination at District Hospital Satna by police along with request letter Ex.P-7. Prosecutrix was examined by Dr. Sudha Jain (PW-5). MLC report Ex.P-8 was prepared by the doctor. For ascertaining age of the prosecutrix on 18/09/2002, she was subjected to ossification test at District Hospital Satna. Dr. Arvind Saraf, Radiologist (PW-8) took X-ray of wrist and elbow of the prosecutrix and prepared report Ex.P-10 on the basis of X-ray plate Ex. P-11.