RAJMAL Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have preferred this appeal being aggrieved by judgment and finding dated 9.10.1995 passed by Special/Sessions Judge, Sehore in Special Case No. 118/94 whereby the appellants have been convicted under section 376(2)(g) of IPC and sentenced to R.I. for 10 years and fine of Rs. 2000/-, in default of payment of fine to undergo further R.I. for six months.

(2.) The prosecution case, in short, is that prosecutrix Julie Bai (PW-1) belongs to the Bedani caste, who earns her livelihood by singing and dancing. Anokhilal (PW-5) and Babulal (PW-3) contacted her and her maternal uncle Gudda Bedia (PW-2) and booked her to perform in some domestic function at village Hirapur on 7.4.1994. As agreed, on 7.4.1994 prosecutrix and her maternal uncle reached to Bhopal, where Anokhilal met them and boarded them in a private bus along with appellants Rajmal and Vishnu resident of Hirapur. It is alleged that appellants stopped the bus before 2-4 Kms from Hirapur and took the prosecutrix and her maternal uncle near tube well, where appellants proposed the prosecutrix to have sexual intercourse and when she refused, the appellants abused prosecutrix and her uncle. It is further alleged that appellant Vishnu grappled with Gudda Bedia and dragged him towards the road and at the same time appellant No. 1 Rajmal dragged the prosecutrix behind a Mango tree and committed rape on her, thereafter, prosecutrix and her uncle tried to stop and board in a Jeep but appellant No. 1 Rajmal restrained prosecutrix thereafter that Jeep had gone ahead. The prosecutrix reached to village prosecutrix Hirapur and narrated the whole incident to Anokhilal and Babulal. It is alleged that Babulal informed the prosecutrix that her maternal uncle had already reported the matter to the police, thereafter, prosecutrix also lodged the report (Ex.P-1).

(3.) During investigation, prosecutrix was examined by Dr. Neera Shrivastava (PW-6), she prepared MLC report (Ex.P-8). She prepared two slides of her vaginal swab and sealed her petticoat and handed over the same to a constable, who prepared seizure memo Ex.P-10. Slides and petticoat were sent for chemical examination along with the memo of Supdt. Of Police, Sehore (Ex.P-15). Assistant Chemical Examiner found human spermatozoa on the slides and petticoat.