STATE OF M.P. Vs. RAMMU

JUDGEMENT

(1.) THIS appeal by the State is against the judgment dt 23.7.1990 in Sessions Trial No. 157/89 by Fourth Additional Sessions Judge, Sagar, acquitting the accused/respondent from charges under sections 376 and 450 of IPC.

(2.) THE prosecution story stated in brief is that, in the intervening night between 1st and 2nd July 1989 at village Ramnagar, in the house of Jamna Bai (PW 2) the prosecutrix minor Revati (PW 1), aged about 12 years was sleeping with Jamna Bai (PW 2) and Meera Bai. They had closed the door from inside and chained it. The accused/respondent entered the room in which prosecutrix Revati (PW 1), Meera Bai and Jamna Bai (PW 2) were sleeping and committed forcible sexual intercourse with the prosecutrix. The prosecutrix Revati lodged report Ex. P -1 of the incident on 3.7.1989 at Maharajpur. She was sent for medical examination. The age of prosecutrix Revati on ossification test was reported to be between 10 to 15 years. The under -garments of prosecutrix and the under -wear of accused -respondent were seized. The presence of spermatozoa was found on the abovementioned clothes, on forensic examination by Assistant Director of Forensic Science Laboratory, Sagar.

(3.) THE learned Govt. Advocate assailed the judgment of acquittal. It was submitted that Revati (PW 1) is a minor girl aged about 12 years. Dr. (Ku.) C. Kesari (PW 5) on her examination found that the prosecutrix had injuries on her private part and that the same could have been casued on account of sexual intercourse. It was submitted that, in view of above the statement of prosecutrix Revati that the accused -respondent committed sexual intercourse with her should have been accepted and the finding of guilt should have been recorded by the trial Court. It has therefore to be considered, whether the prosecutrix has led satisfactory evidence to establish the charges framed against the accused -respondent ?