PARSADI Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 20.5.1997 passed by the learned Special Judge, Damoh in Special case No.281/1996, whereby the appellant was convicted for the offence punishable under section 376 read with section 511 of IPC and sentenced for 3 years' rigorous imprisonment with fine of Rs.500/-. In default of payment of fine, 3 months' simple imprisonment was also directed.

(2.) Prosecution's case, in short, is that, on 19.8.1993, at about 8 p.m., in the village Nandari, the prosecutrix (P.W.4) was coming back from the house of Umesh Kacchi, after watching the T.V. The appellant came from her back and held her. Thereafter, he threw the prosecutrix on the Earth and committed rape upon her. On her shouting, her husband Chittar (P.W.3) came to the spot then, the appellant ran away. The prosecutrix and her husband told about the incident to the Lambardar Jahar Singh (P.W.7). On the next day morning, the prosecutrix lodged the FIR, Ex.P/3 at Police Station Pathariya, District Damoh. The prosecutrix was sent for her medico legal examination to the Primary Health Center, Pathariya. Dr.(Smt.) T.Thakur (P.W.6) examined the prosecutrix and gave her report, Ex.P/4-A. No internal injury was found to the prosecutrix but, one contusion of 1 X 3 cms was found on her back. 2 slides of her vaginal swab were prepared and handed over to the concerned constable in sealed condition along with a sealed petticoat of the prosecutrix. The appellant was arrested and he was also sent for his medico legal examination. Concerned doctor prepared 2 slides of his semen and provided to the police for their forensic examination. All the sealed properties were sent to the Forensic Science Laboratory, Sagar. Forensic Science Laboratory, Sagar found in its report, Ex.P/5 that some semen particles were found on the slides of the vaginal swabs of the prosecutrix but, no semen particle was found on the remaining substance including the slides of the appellant. After due investigation, a charge-sheet was filed before the Special Court, Damoh.

(3.) The appellant abjured his guilt. He did not take any specific plea but, he has stated that he was falsely implicated in the matter. No defence evidence was adduced.