RAMSAHAY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 9.8.1996 passed by the learned Sessions Judge, Chhatarpur in S.T. No.32/94, whereby the appellant was convicted for the offence punishable under Section 376 read with Section 511 of IPC and sentenced for seven years' R.I. with fine of Rs.1,000/-. In default of payment of fine, he was to undergo for six months' R.I. in addition.

(2.) PROSECUTION's case in short is that on 28.9.1993, the prosecutrix aged about 14 years, went to graze the cattle of one Raju Soni in the jungle of village Satai. In the noon, some buffalo of the prosecutrix went inside the Beda (closed field) of the appellant and when, the prosecutrix went inside the field to fetch her buffalo then, the appellant tied her hands and legs by a rope and threw her on the earth. Thereafter, one cloth was pushed in her mouth by the appellant and ultimately, he pushed his penis into her vagina. The prosecutrix gave a kick to the appellant and removed the cloth plugged in her mouth and she shouted for the help. After hearing her hue and cry, her aunt Benibai and cousin Durjana (PW-4) came to the spot and saw that the appellant was lying on the prosecutrix. The prosecutrix narrated about the incident to Benibai and Durjana. When she took her cattle back to her home, she also narrated the story to her uncle Halke (PW-6) and Raju Soni (PW-7). Thereafter, she was taken to the Police Station Satai, District Chhatarpur, where she lodged an FIR Ex.P/3. She was sent for her medico legal examination. Dr. Usha Khare (PW-5) found that, there was no external or internal injury on her person but there was an old rapture of hymen in the shape of "3 o'clock'' position. After due investigation, a charge sheet was filed before the J.M.F.C. Bijawar, who committed the case to the Sessions Court, Chhatarpur for the trial.

(3.) AFTER considering the evidence adduced by the prosecution, learned Sessions Judge, Chhatarpur acquitted the appellant from the charge of offence punishable under Section 376 of IPC but convicted him for the offence punishable under Section 376 read with Section 511 of IPC and sentenced him as mentioned above.