RAM KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this criminal appeal under Section 374(2) of Cr.P.C. being aggrieved by the judgment dated 01.07.1999 passed by Sessions Judge, Mandla in S.T. No.145/1998, whereby the appellant has been convicted under Section 376(1) and 506(B) of I.P.C. and sentenced to R.I. for 7 years with fine of Rs.2000/- in default S.I. for 3 months and R.I. for 1 year respectively with the direction to run both the sentence concurrently.

(2.) The facts of the case in short are that prosecutrix PW-1 lodged the report Ex.P-1 to the effect that on 10.04.1998 at about 4:00 p.m. when she was grazing cattle, meanwhile appellant came there and asked her for sexual intercourse. Prosecutrix threatened to cry but appellant thrown her on the field and removed her Sari and committed sexual intercourse. Prosecutrix started crying but nobody came to rescue her. Appellant also threatened her that if she will intimate this matter to her parents then he will kill her. After rape when prosecutrix was going to her house she saw that Chamarin Bai was also grazing her cattle. She narrated the whole incident to her and went to her house and narrated the incident to her parents. On the basis ofreport Ex.P-1 prosecutrix was sent for medical examination. Dr. Keerti Singh (PW-7) examined prosecutrix on 12.04.1998 and found that she was habitual of intercourse and her vagina admits two fingers. Hymn was also ruptured earlier. During investigation N.S. Rajput (PW-8) investigating officer seized Ex.P-4 mark-sheet of prosecutrix of class 5th where her date of birth is shown as 24.08.1982. Further PW-8 seized school register from primary school from PW-9 Bhadulal and as per entries in the register her date of birth was 24.08.1982. Dr. Keerti Jain (PW-7) has prepared the slides of liquid from vagina and handed over to the concerned police station. These articles were sent to F.S.L. Completing the investigation, the appellant was charge sheeted. Appellant abjured the guilt.

(3.) The court below relying on the statements of PW-1 Jira Bai, PW-2 Chamarin Bai, PW-3 Fundo Bai, PW-4 Sabbbal Singh, PW-5 Dr. U.S. Kadopa, PW-6 Kunwariya Bai, PW-7 Dr. Keerti Singh, PW-8 N.S. Rajput and PW-9 Bhadulal held that though prosecutrix was more than 18 years of age and appellant forcibly committed sexual intercourse with her.