MUNEEM @ GUNGWA KOL Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 8.11.2005 passed by the learned Additional Sessions Judge, Rewa in S.T. No.97/05, whereby the appellant was convicted for the offence punishable under Section 376(2) (f) of IPC and sentenced for ten years' R.I. with fine of Rs. 100/-. In default of payment, he was to undergo for six months' R.I. in addition.

(2.) The prosecution's case in short is that on 19.2.2005 at about 1:00 p.m. in the noon, the prosecutrix (PW-3) a girl of seven years of age was sitting in her house situated at village Duari (Police Station Suhagi, District Rewa). The prosecutrix was a deaf and dumb girl. On her shouting, her sister Nirmla (PW-2) went to the spot and found that the appellant was running from her house and blood was oozing from the private part of the prosecutrix. Since the parents of the prosecutrix went to do some labour work, they were informed about the incident when they came back from the work. Thereafter, the prosecutrix was taken to the outpost Sonori of the Police Station, Suhagi, where Gajraj Yadav (PW-1) had lodged an FIR Ex.P/1. The FIR was transferred to the Police Station, Suhagi and a case was registered. The prosecutrix was sent for her medico legal examination to the Government Hospital, Rewa. Dr. Rohni Paranjpe (PW-8) examined the prosecutrix and gave a report Ex.P/9. She found that no external injury was there on the person of the prosecutrix. However, hymen was found torn and during the examination, blood was oozing from the margin of the hymen. There was no blood collect in her pelvis. However, two slides of her vaginal swab was prepared and handed over to the police after sealing them. The prosecutrix was referred to her ossification test. Dr. R.J. Sharma (PW-7) gave his report Ex.P/8 after examining the prosecutrix. He found that the prosecutrix was 7-8 years old girl. The appellant was arrested and he was also examined by Dr. S.N. Pandey (PW-6). Nothing abnormality was found with the appellant. After due investigation, a charge sheet was filed before the Additional Chief Judicial Magistrate, Chouthar, who committed the case to the Sessions Court and ultimately, it was transferred to the learned Additional Sessions Judge, Rewa.

(3.) The appellant abjured his guilt. He has stated that (the appellant is a dumb person and his statements were recorded by the indications given by him) he was falsely implicated in the matter due to enmity between the owner of the flour mill, where he was working and father of the prosecutrix. In defence, one Rajan Kol (DW-1) was examined to show the enmity between the parties.