LAWS(MPH)-2012-8-5

TORAN SINGH Vs. STATE OF MADHYA PRADESH

Decided On August 01, 2012
TORAN SINGH Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 30.8.2006 passed by the IIIrd Additional Sessions Judge, Raisen in ST. No.228/2005 whereby the appellant has been convicted and sentenced as mentioned in the table below :

(2.) THE prosecution's case in short is that the prosecutrix (PW1) was the wife of Sanu @ Latif (P.W.8). On 22.8.2005 the prosecutrix and her husband went for a picnic in the forest near Sehatghanj. They were sitting near a river. At about 1.00 p.m, the appellant came to them with a stone and assaulted Sanu @ Latif on his head with that stone and thereafter, he snatched the hand of the prosecutrix and took her forcibly to the jungle. The appellant had also stated that police was behind him and his name was Toran Singh. He threatened Sanu @ Latif that he should not follow them otherwise, Toran Singh would kill him and therefore, Sanu @ Latif did not chase the appellant and the prosecutrix. He took the prosecutrix in the jungle and under a threat, of harm he committed rape upon her. Thereafter, he took the prosecutrix to his own house in the Village Chiklodkhurd. The Salwar of the prosecutrix remained in the jungle and therefore, prosecutrix reached the house of the appellant without her salwar. In the night he again committed rape upon the prosecutrix for two times and thereafter, in the morning when he went to his fields, the prosecutrix escaped from his house and went to the house of Rambai (PW2). The prosecutrix informed Rambai about the incident who, then sent her to the house of Om Prakash (PW3), the Choukidar. Rambai and the Choukidar summoned Mehboob Khan (PW4) and Naseeruddin and they took the prosecutrix to the Police Station, Umraoganj where she lodged an FIR Ex.P/1. She was sent for her medico legal examination and treatment. Dr. Kalpana Saxena (PW5) examined the prosecutrix. She found one lacerated wound on her right leg situated between the ankle and the knee. Also multifarious scratches were found on her back. Injuries were found to be 24-36 hours old but, there was no external or internal injury on her private parts. There was no discharge from the vagina. Dr. Saxena prepared two slides of vaginal swab and also took the sample of pubic hair. Full Pant worn by the prosecutrix was also taken and after sealing, it was handed over to the concerned Constable for forensic analysis.

(3.) I have herd learned counsel for the parties at length.