BHAGWAN DAS Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT, Bhagwan Das, the sole accused person in this case, has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo seven years rigorous imprisonment by the impugned judgment dated 24-8-99 passed in Special Case No. 106/99 by the Second Additional Special Judge, Balaghat. He has also been convicted under Section 342 of the Indian Penal Code and sentenced to undergo six months rigorous imprisonment. Both the sentences are to run concurrently. He has been found guilty for committing an offence of rape with the prosecutrix, Mamta Bai (P. W. 1), on 24-8-99 at about 12 o'clock in her house.

(2.) BRIEFLY stated the facts giving rise to this appeal are as under :-The prosecutrix, Mamta Bai (P. W. 1), is second wife of Johan Singh. From the first wife, Johan Singh has three issues and none from the prosecutrix. Since the prosecutrix was not keeping well for some days and her husband had left the house to work as Mason, she thought of seeing Dr. Katare of Mehgaon. On 24-8-99, while the prosecutrix was going on foot to meet the doctor, the appellant met her on way and offered her lift on his bicycle to which she agreed. Both of them went to the doctor who, after examining the prosecutrix, prescribed medicines to her. At about 12 o'clock, the appellant brought the prosecutrix back to her house and made her comfortable by making her lie down. He, thereafter, bolted the door from inside and committed sexual intercourse with the prosecutrix against her consent. Santra Bai (P. W. 4) is "bhanji" of the prosecutrix. She, while playing, heard the noise of prosecutrix coming from the house. She, therefore, went to see the prosecutrix but found the door of the house bolted from inside. She, however, managed to see the appellant and prosecutrix in a compromising position from the window. She immediately rushed to inform Gauri Bai (P. W. 2) and by the time they returned the appellant, on seeing them, ran away from the rear door of the house of prosecutrix. Later, in the evening, the prosecutrix disclosed the incident to her husband, Johan Singh, when he returned after the work. First Information Report was lodged by the prosecutrix at Police Station, Malajkhand, District Balaghat, on the next day at 2:00 p. m. Her husband, Johan Singh, had accompanied her upto the police station. In the First Information Report, the name of Santra Bai (P. W. 4) was mentioned as an eye-witness of the incident. Santra Bai (P. W. 4) had also disclosed the incident to her parents.

(3.) DR. Smt. Pushplata Sambhere (P. W. 7) examined the prosecutrix on 25-8-99. Her medical report is Ex. P-7. According to the medical report, the prosecutrix was a full grown, well developed, lady and no marks of violence were found on any part of her body including her private part. According to the medical report, vagina of the prosecutrix admitted two fingers easily. There was also no sign of sexual intercourse as she was habitual to it and at the time of her examination, she was on menses. Dr. Smt. Pushplata Sambhere (P. W. 7) in her report did not mention that the prosecutrix (P. W. 1) was either unwell or was under some medication. In fact, it seems that the prosecutrix did not even complain to the doctor that she was not keeping well. Dr. Pushplata Sambhere (P. W. 7) also prepared a sealed packet of "sari" and Vaginal Smear Slide of the prosecutrix and handed over the same to the police for their chemical examination. There is, however, no report of Forensic Science Laboratory on record.