VIJAY KORI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 13.5.1996 passed by the Additional Sessions Judge, Sihora, District Jabalpur in ST. No.1122/1994 whereby the appellant was convicted for offence punishable under Section 376 of I.P.C and sentenced for 8 years rigorous imprisonment with fine of Rs.1000/- and in default of payment of fine, he was to undergo additional rigorous imprisonment for four months.

(2.) THE prosecution's case in short is that, on 17.9.1994 at about 2.00 p.m in the noon, the prosecutrix (PW1) left her house to search her child Santosh in the village Khaga (Police Station Majhgawa, District Jabalpur). When she went near the house of the appellant Vijay, she found that the appellant was lying in his parchi (varanda). When he saw the prosecutrix, he held her and took her to the parchi, he threw the prosecutrix on earth and threatened her not to shout. Ultimately, he committed rape upon the prosecutrix. The prosecutrix went to her house and informed the story to her brother-in-law Narbada Prasad (PW6). The appellant had also told her that he would keep her in his house. Narbada Prasad went to the house of the Sarpanch and told the entire story. Since the prosecutrix was all alone in the house, she could not go to the Police Station to lodge an FIR and therefore, FIR Ex.P/8 was lodged on 29.9.1994 at about 8.00 a.m. The prosecutrix was sent for her medico legal examination . Dr. S. Palod (PW5) examined the prosecutrix and gave a report Ex.P/3. No external or internal injury was found on her person. Two slides were prepared from her vaginal swab and handed over to the concerned Constable after sealing them. The appellant was also arrested and sent for his medico legal examination. Dr. Pandey (PW4) prepared his report Ex.P/2 after examining the appellant. No semen slide could be prepared because semen could not be obtained in ejaculation. After due investigation a charge sheet was filed before the Additional Chief Judicial Magistrate, Sihora who, committed the case to the Sessions Court and ultimately it was transferred to the Court of Additional Sessions Judge, Sihora, District Jabalpur.

(3.) AFTER considering the evidence adduced by the parties the learned Additional Sessions Judge, Sihora, District Jabalpur convicted the appellant for the offence punishable under Section 376 of I.P.C and sentenced as mentioned above.