LAKHAN LAL KHANGAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment dated 12/8/1996 passed by the Additional Sessions Judge, Khurai District Sagar in ST No.163/1995, whereby the appellant was convicted for commission of offence punishable under Section 376(1) of IPC and sentenced for five years' rigorous imprisonment with fine of Rs.1000/ -. In default of payment of fine, three months rigorous imprisonment was also directed.

(2.) THE prosecution's case, in short, is that on 31.1.1995 at about 6:00 PM in the evening the prosecutrix (PW -1) was reaping some grass in a field situated near the Convent School of Township Bina. THE appellant came to the spot and tried to hold Shashi (PW -2), daughter of the prosecutrix, but she ran away. THEreafter the appellant held the prosecutrix and threw her in the field of gram. On her shouting, the appellant assaulted her by slaps and fists and ultimately he committed rape upon the prosecutrix. THE appellant gave a threat to the prosecutrix not to lodge any FIR. THE incident was seen by the Watchman of the Degree College namely Nandu Saur and others. After sometime Shashi and Prakash, cousin of the prosecutrix reached to the spot and thereafter the appellant ran away from the spot. THE prosecutrix went to her house and intimated the entire story to her husband Binda (PW -4) and thereafter she went to the Police Station Bina along with her husband and lodged an FIR Ex.P -1. She was directed for her medico legal examination to the Civil Hospital, Bina. Dr. K.Ojha (PW -5) examined the prosecutrix and gave her report Ex.P -2. No external or internal injury was found on the person of the prosecutrix. However, two slides of her vaginal swab were prepared by Dr. Ojha and handed over to the concerned Constable after sealing them. A green petticoat was also taken by Dr. Ojha from the prosecutrix and handed over to the concerned Constable for its forensic analysis after due sealing. THE appellant was also arrested and he was sent for his medico legal examination. Dr. Mahendra Kumar Paul (PW -7) examined the appellant and gave his report Ex.P -9. No abnormality was found with the appellant. Dr. Paul prepared two slides of semen obtained from the appellant and handed over to the concerned Constable after due sealing for their forensic analysis. After due investigation, a charge sheet was filed before the Judicial Magistrate First Class, Bina, who committed the case to the Sessions Court, Sagar and ultimately it was transferred to the Additional Sessions Judge, Khurai.

(3.) THE learned Additional Sessions Judge, Khurai after considering the evidence adduced by the prosecution, convicted the appellant for commission of offence punishable under Section 376(1) of IPC and sentenced as mentioned above.