BHAIYALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 22.12.1995 passed by the Xth Additional Sessions Judge, Jabalpur in ST. No.1113 of 1994 whereby the appellant was convicted for offence punishable under Section 376(2)(f) of I.P.C and sentenced for 10 years rigorous imprisonment with fine of Rs.1000/-. In default of payment of fine, six months rigorous imprisonment is also awarded.

(2.) THE prosecution's case, in short, is that on 7.9.1994 at about 3.00 p.m in the evening the prosecutrix (PW6) was present in her house situated at Village Singouri (Police Station Chargawa, District Jabalpur). The appellant came to the house of the prosecutrix and requested her mother to send the prosecutrix for collecting some wood. The prosecutrix was sent by her mother with the appellant. Near Sukada Nala the prosecutrix and the appellant collected some wood. Thereafter, the appellant asked the prosecutrix to give him singadas but, she replied that she did not have any singadas with her and thereafter, the appellant undressed the prosecutrix and committed rape upon her. Blood was oozing from vagina of the prosecutrix. She came back to her house and informed her mother Agobai (PW7) and thereafter, her father Mulayam (PW8) and the prosecutrix went to the Police Station Chargawa on 8.9.1994 and lodged an FIR Ex.P/4 at about 4.00 p.m in the evening. She was directed for her medico legal examination and treatment. Dr. S. D. Menon (PW2) examined the prosecutrix and gave his report Ex.P/1-A. No external or internal injury was found. There was no discharge from her vagina and therefore, no slide could be prepared from her vaginal swab. Her age was approximately 8 years according to Dr. S. D. Menon. However, the prosecutrix was referred for her ossification test. Dr. M.M. Agrawal (PW5) examined the prosecutrix radiologically and gave his report Ex.P/3. He found that she was 11-14 years old in computation of the age. The appellant was also arrested and he was sent for his medico legal examination. Dr. Pradeep Agrawal (PW1) examined the appellant and gave his report Ex.P/1. No abnormality was found. Two slides of semen were prepared and handed to the concerned constable for forensic science analysis after sealing them. After due investigation, a charge sheet was filed before the JMFC, Patan who, committed the case to the Sessions Court, Jabalpur. Ultimately it was transferred to the Xth Additional Sessions Judge, Jabalpur.

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