NANHELAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 30.11.1996 passed by the learned Sessions Judge, Hoshangabad in ST. No.285 of 1995 whereby the appellant was convicted for offence punishable under Section 376 read with Section 511 ofI.P.Cand sentenced for four years rigorous imprisonment with fine of Rs.2000/- and in default of payment of fine, four months simple imprisonment was directed.

(2.) THE prosecution'scase, inshort, is that on 27.4.1995 the prosecutrix (PW7) a minor girl of 8 years was playing in her house situated at Quarter Type I of Ordnance Factory Area, Itarsi. Her mother was sick and therefore, she was inside the house. The appellant came to the house of the prosecutrix and asked for some water and thereafter, he directed to provide a jug of water in his house which was situated on the first floor of the same building.Initially one Dinesh went along with the prosecutrix. Thereafter, Dinesh went away. In the meantime, Jyoti Bai (PW2) mother of the prosecutrix, went to the hospital and she came back in the evening. The appellant called the prosecutrix inside his house and directed her to lay down on the bed and ultimately he committed rape on the prosecutrix. When Babulal (PW1) father of the prosecutrix, came to the house, the prosecutrix informed him about the incident then he took the prosecutrix to the hospital. He found that blood was oozing from the private part of the prosecutrix. On 28.4.1995 Babulal went to his office andthereafter, he went to the Police Station Itarsi Dehat where he lodged an FIR Ex.P/1 at about 5.15 p.m in the evening.The prosecutrix was directed for her medico legal examination. Dr. Z. Zia (PW3) examined the prosecutrix and gave her report Ex.P/4. She found that no external or internal injury was there to the prosecutrix. Her hymen was intact.However, on the right side of the hymen a linear abrasion was present. She prepared two slides of the vaginal swab and handed over to the concerned Constable after their sealing for Forensic Science Analysis. The appellant was also arrested and he was also directed for his medico legal examination. Dr. R. K. Gupta examined the applicant and gave his report Ex.P/15. No abnormality was found to the applicant. Two slides of his semen were prepared and handed over to the concerned Constable after due sealing for their Forensic Science Analysis. All the slides were sent to the Forensic Science Laboratory. After due investigation a charge sheet was filed before the JMFC Itarsi who committed the case to the Sessions Court, Hoshangabad.

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