PRAMOD SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 23.8.2011, passed by the Additional Sessions Judge, Singrauli in ST. No.226/2010 whereby appellant was convicted for offence punishable under Section 376(2)(f) read with Section 511 of I.P.C and Section 342 of I.P.C and sentenced for 10 years rigorous imprisonment with fine of Rs.500/- and three months rigorous imprisonment. In default of payment of fine, he was to undergo additional rigorous imprisonment for one month.

(2.) The prosecution story in short is that the complainant Santosh Kumari (P.W.8) was residing at Village Navanagar, P.S. Waidhan, District Singrauli.. She was doing house hold works of others and earning her livelihood. Her husband was working as a barber. On 18.4.2009, after feeding her children, she went for her work. At about 4.30 to 5.00 p.m in the evening when she came back to her house and she found that her elder daughter aged 6 years, prosecutrix (P.W.7) was not in the house and therefore, she went to the various places in search of her daughter. In front of the house of appellant Pramod Singh, she heard the cry of her daughter and when the door was knocked, the prosecutrix came out of that house and informed her that the appellant committed rape upon her. Blood was oozing from her private parts and her underwear was also stained by blood. The complainant went to the Police Station, Waidhan and lodged an FIR Ex.P/5. The prosecutrix was sent for her medico legal examination. Dr. Babita Khare (P.W.11) examined the prosecutrix and gave her report Ex.P/6-A. She found that some portion of the private part of the prosecutrix was red and tender but, there was no any discharge from her vagina. However, a slide was prepared from very small liquid from vagina. She opined that no definite opinion regarding rape could be given. Police Waidhan after due investigation filed a charge sheet before the JMFC Waidhan who, committed the case to the Sessions Judge, Sidhi which was transferred to the Additional Sessions Judge, Waidhan and when Singrauli at Waidhan became a Sessions Division separately then Sessions trial was re-registered at Sessions Court, Singrauli.

(3.) The appellant abjured his guilt. He did not raise any specific plea but, he has submitted that he was falsely implicated in the matter. No evidence is adduced from the side of the defence.