RAM KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) NOT for nothing it has been said by many a sagacious person that life, a priceless gift from the Almighty, folds itself in a multifaced manner so that many things ungravel sometimes creating shock and puzzlement. To what extent inferior endowments of nature can degrade a man to get himself involved in an activity which is comparable to a bestial proclivity, contrary to all the injunctions of the ethics has been exposed in the case at hand where the accused-appellant has approached this Court assailing the defensibilily of the judgment of conviction and order of sentence in respect of an offence punishable under Section 376 of the Indian Penal Code (in short 'the IPC') as he has been found guilty for having committed rape on his own daughter-in-law, the young lass who had a dream to fulfil and many aspirations to achieve. Going through the evidence (which shall be dealt with at a later stage) one is compelled to wonder and ponder whether man is 'at once is animal and god' and 'a disparate enigma of God's make'.

(2.) THE factual setting exposits a morbid scenario. The prosecutrix got into wedlock with the son of the accused but the religious ceremony of 'gona' was not performed. The prosecutrix was at the house of her maternal grandfather to attend the 'tija' festival. While she was in the house of her grandfather the accused visited their house and brought her to his house on 13-9-1992 at about 3 p. m. On that day, the mother-in-law and the husband of the prosecutrix went to Village Khonsara. As the night approached the prosecutrix closed the door and went to sleep. At about 10 p. m. the accused got opened the door and entered into the room and had sexual intercourse with her. On the next day he took her to her grand-father's house. The young colleen narrated the incident to her grand-parents and thereafter an FIR was lodged on 15-9-1992. On the criminal law being set in motion the investigating agency ceased the wearing apparel of the prosecutrix and under garments of the accused. The prosecutrix as well as the accused were medically examined and clothes were sent for forensic examination. After concluding the investigation the investigating agency filed the charge-sheet in respect of the offence punishable under Section 376 of the IPC in the Competent Court which committed the matter to the Court of Session and eventually the trial was held by the IIIrd Additional Sessions Judge, Shahdol.

(3.) THE accused abjured his guilt and further took the stand that he had been falsely roped in.