VINOD @ ARVIND Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 28.3.2001 passed by the Special Judge under SC/ST Prevention of Atrocities Act (hereinafter referred to as 'the Special Act'), Jabalpur in Special Case No.708/2000, whereby the appellant was convicted for the offences punishable under Sections 376(1)/511 of IPC and sentenced for five year's R.I. with fine of Rs. 5,000/- and one year's R.I. in default of payment of fine.

(2.) The prosecution's case in short is that on 27.8.2000 the prosecutrix (PW-3) a girl aged about 12-14 years was going to answer the call of nature at village Mohaniya (Police Station, Panagar, District Jabalpur). Near the culvert, the appellant met her and requested her to go with him below the culvert. When the prosecutrix refused to go with the appellant, he closed her mouth by a handkerchief and tide her hands with his shirt and took her near the culvert. Thereafter, he removed her garments and undergarment and committed rape upon her. Thereafter, the prosecutrix ran away from the spot, she wore her clothes in the house of a Pandit. Thereafter, she went to her house and told the entire story to her aunt Savitri Bai (PW-5). She told the entire story to her mother on 1.9.2000. The appellant came to the house of mother of the prosecutrix and shouted on her that if they would lodge any FIR against him then, he would kill the prosecutrix and therefore, after sometime the prosecutrix had lodged an FIR Ex.P/1 on 3.9.2000. She was sent for her medico legal examination. Dr. Sulekha Trivedi (PW-2) examined the prosecutrix and gave her report Ex.P/2. No external or internal injury was found on her person. Her hymen was found intact. She also found the pubic hairs of the prosecutrix to be scanty and non-matted. However, two slides of her vaginal swab were prepared and handed over for forensic analysis to the concerned constable after their sealing. The appellant was arrested and sent for his medico legal examination also. Dr. R.S. Mishra (PW-6) examined the appellant and gave his report Ex.P/7. Nothing abnormal was found with the appellant. Dr. Mishra prepared two slides of his semen and handed over to the concerned constable for their forensic analysis after sealing them. A birth certificate of the prosecutrix was also obtained from the concerned Police Station. After due investigation, a charge sheet was filed before the J.M.F.C. Jabalpur, who committed the case to the Sessions Court, Jabalpur and ultimately it was transferred to the Special Judge under the Special Act for the disposal.

(3.) The appellant abjured his guilt. He did not take any specific plea in the matter, but he has stated that he was innocent. In defence, Hukumchandra (DW-1) of Gram Panchayat, Kushner was examined.