SHYAMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment dated 24/9/2009 passed by the Sessions Judge, Betul in ST No.28/2009, whereby the appellant was convicted for commission of offence punishable under Section 376(1) of IPC and sentenced for seven years' rigorous imprisonment with fine of Rs.500/-. In default of payment of fine, one and half months simple imprisonment was also directed.

(2.) THE prosecution's case, in short, is that on 16.9.2008 at about 12:00 O'clock in the noon the prosecutrix (PW-1) went to the field situated near the Village Chandu (Police Station Jhallar District Betul) to graze her bullocks. At about 12 O'clock in the noon the appellant came to the spot. He was demanding some vegetables in sum of Rs.5/-. THE prosecutrix replied him that she did not have any vegetables with her and thereafter she went towards her bullocks. In the meantime, the appellant held the prosecutrix and threw her on the earth and committed rape upon her. THEreafter the appellant threatened her not to tell the incident to anyone. THE prosecutrix went to her house. She was weeping through out in the way. She told the witness Nandu (PW-2) to collect her bullocks and bring them to her house. THEreafter she told the entire story to her mother and father Anand Rao (PW-4). With the help of her father Anand Rao, the prosecutrix went to the Police Station Jhallar and lodged an FIR Ex.P-1. She was sent for her medico legal examination. Dr. R. Gohiya (PW-5) examined the prosecutrix and gave her report Ex.P-5. No external or internal injury was found to the prosecutrix and her hymen was found intact. However, two slides of the vaginal were prepared and handed over to the concerned Constable after their sealing for forensic examination. THE prosecutrix was also referred for the ossification test. THE appellant was also arrested and sent for his medico legal examination. Dr. Vivek Haridwaj (PW-7) examined the appellant and found no abnormality to him. Two semen slides were prepared and handed over to the concerned Constable after their sealing. THE seized property was sent for forensic science analysis, but no report was received till disposal of the case. After due investigation, a charge sheet was filed before the Judicial Magistrate First Class, Betul, who committed the case to the Sessions Court, Betul.

(3.) ON the other hand, the learned counsel for the State has submitted that the trial Court has rightly convicted and sentenced the appellant, and therefore no interference is warranted from the side of this Court.