SALIM Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant, being aggrieved by the judgment dated 23.9.1995 passed in Special Case No. 82/ 1994 by the learned Special Judge, Sehore convicting appellant Salim under section 376 (1) of I.P.C. sentencing him to undergo rigorous imprisonment for 7 years and fine of Rs. 2,000.00. in default S.I. for 6 months, has filed this appeal.

(2.) The short fact of the case are that on 1.4.1994 prosecutrix Mirabai (P.W. 6), fully grown up married lady when in the forest for picking Mahua flowers, the accused suddenly reached there and caught hold her forcibly, thrown on ground and committed rape with her. Just after the incident named F.I.R. Ex. P-6 was lodged by the prosecutrix at police station Siddik Ganj. Prosecutrix was sent for medical examination where she was examined by Dr. Malti Arya (P.W. 3) who submitted Ex. P- 3 report that prosecutrix was married lady and habitual of intercourse, no external injuries were found on her.

(3.) After due investigation charge-sheet was filed, on close scrutiny of statement of prosecutrix show that there are major omissions and contradictions in her statement. According to prosecutrix she was thrown forcibly on the ground and thereafter rape was committed on her. She also received injury on her wrist but Dr. Malti Arya has not found any injury on her person in her medical report Ex. P-3. Prosecutrix has further stated that on the point of knife rape was committed but no knife was recovered from the appellant.