LAL SINGH GOND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 31.1.2009 passed by learned Seventeenth Additional Sessions Judge, Jabalpur in S.T.No.305/2008, whereby the appellant was convicted for offence punishable under sections 363 and 376 read with section 511 of IPC and sentenced for 7 years' rigorous imprisonment with fine of Rs.1,000/- for each count of the offence and in default of payment of fine, 2 months' additional rigorous imprisonment for each count.

(2.) Prosecution's case, in short, is that, on 23.3.2008, at about 1.45 p.m., the prosecutrix was playing near her hut at village Banjar Nala, Tinheta, (Police Station Chargawan, District Jabalpur). Thereafter, she went to answer the call of nature towards the Nala and then, she came back. When she was playing near a Mend of a field, the appellant gave her a currency note of Rs.20/- to fetch some Bidis and thereafter, he took her to the bushes near the Nala. The appellant undressed her and committed rape upon her. When she was not visible to her parents, Radhelal maternal grandfather of the prosecutrix, went to the spot and after looking the maternal grandfather of the prosecutrix, the appellant ran away from the spot. The prosecutrix told about the entire incident to her maternal grandfather and other persons like Sumrat (P.W.4), Bhagwan Das (P.W.5) etc. She was taken to the Police Station Chargawan, where Radhelal Gond lodged an FIR, Ex.P/1. The prosecutrix was sent to the Government Hospital for her medico legal examination and treatment. Dr.Rashmi Bhatnagar (P.W.10) after examining the prosecutrix gave a report, Ex.P/10. No external or internal injury was found on her person. Even her hymen was found intact. However, 2 slides were prepared from the vaginal swab of the prosecutrix and handed over to the police for forensic analysis. The prosecutrix was also sent for ossification test and Dr.Agrawal (P.W.11) in his report Ex.P/12 found that she was 15-16 years old girl.

(3.) The appellant was arrested on 26.5.2008. He was also directed for his medico legal examination. Doctor who examined the appellant, prepared 2 slides of sample of his semen and handed over to the Police constable after sealing them. All the sealed properties were sent to the Forensic Science Laboratory, Sagar for their analysis. However, no report of forensic Science Laboratory was placed before the trial Court till the disposal of the case. After due investigation, a charge-sheet was filed before the JMFC, Patan, who committed the case to the Sessions Court and ultimately, it was transferred to the 17 th Additional Sessions Judge, Jabalpur.