LAWS(MPH)-2012-9-167

KOMAL YADAV Vs. STATE OF MADHYA PRADESH

Decided On September 28, 2012
Komal Yadav Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment dated 4/3/2008 passed by the Sessions Judge, Shahdol in ST No.148/2007, whereby the appellant was convicted for commission of offence punishable under Sections 323, 506(B) and 376 of IPC and sentenced for three months' RI, one year's RI and ten years' RI, with fine of Rs.5000/ -. In default of payment of fine, six months rigorous imprisonment was also directed.

(2.) THE prosecution's case, in short, is that on 8.4.2007 at about 4:00 AM in the morning one Duasiya Bai came to the house of the Kalawati (PW -4), aunt of the prosecutrix to bring the girls to reap the crop in the field situated at village Hardi (Police Station Kotwali District Shahdol). Initially the girls had shown their unwillingness to go in the morning, but thereafter the prosecutrix and her cousin Laltu (PW -16) went with Duasiya Bai. After sometime the appellant came to the spot and requested that the prosecutrix and Laltu that they should go to help him in reaping his crop. THEreafter they went with the appellant. Near the house of the appellant, the appellant held the hands of the prosecutrix and threw her on the earth and tried to commit rape. THE appellant also assaulted the prosecutrix with a stick on her left thigh. Laltu went to the house of the prosecutrix, and therefore Dudhan, brother of the prosecutrix and Ramkhilawan (PW -8), elder brother of father of the prosecutrix rushed to the spot. After viewing them, the appellant ran away from the spot. He gave a threat that the prosecutrix should not lodge a report in the Police Station otherwise he would kill her. THE prosecutrix along with Kalawati went to the Police Station Kotwali and lodged an FIR Ex.P -7 accordingly. THE prosecutrix was sent for her medico legal examination. THE duty doctor available at District Hospital Shahdol examined the prosecutrix and gave his report. He found abrasion of 8 x 1 cm in size on her left thigh. On 12.4.2007 the prosecutrix sent a written report Ex.P -8 to the Superintendent of Police, Shahdol in which it was alleged that the appellant committed rape upon her. THEreafter the prosecutrix was sent again for her medico legal examination. Dr. Sudha Namdeo (PW -3) examined the prosecutrix and gave her report Ex.P -3. No external or internal injury was found on the person of the prosecutrix. Her hymen was old torn. Only one finger could be inserted in her vagina. Two slides of the vaginal swab were prepared and handed over to the concerned Constable after due sealing for forensic examination. THE prosecutrix was also referred for the ossification test. Dr. Sudha Namdeo herself examined the X -ray reports of the prosecutrix and gave her report Ex.P -4. She found radiologically age of the prosecutrix to be 17 to 19 years. THE appellant was also arrested and sent for his medico legal examination. Dr. Pradeep Khare (PW -2) examined the appellant and gave his report Ex.P -2. No abnormality was found to the appellant. Two slides of his semen were prepared and handed over to the concerned Constable after due sealing. After due investigation, a charge sheet was filed before the Chief Judicial Magistrate, Shahdol, who committed the case to the Sessions Court, Shahdol.

(3.) THE learned Sessions Judge, Shahdol after considering the evidence adduced by the prosecution, convicted the appellant for commission of offence punishable under Sections 323, 506(B) and 376 of IPC and sentenced as mentioned above.