SUNIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 17.4.1999 passed by the learned Sessions Judge, Chhindwara in S.T.No.106/1998, whereby the appellant was convicted for the offence punishable under section 376 of IPC and sentenced for 7 years' rigorous imprisonment.

(2.) THE prosecution's case, in short, is that, on 7.3.1998, the prosecutrix (P.W.4) went to graze her cattle near the field of one Chironji Katya, situated at village Hinotiya (Police Station Junnardev, District Chhindwara). At about 4 p.m. in the evening, the appellant Sunil suddenly went to the spot and threw the prosecutrix on the Earth. He raised her Sari and after removing his underwear, he committed rape upon the prosecutrix. Thereafter, the appellant ran away. The prosecutrix started weeping. She told the entire story to Hemraj (P.W.1) and Dhundoo. Thereafter, she went to her house in the evening and told the entire story to her mother Leela Bai (P.W.5). The story of the incident was told to Kunjar (P.W.9) and Ishwardas (P.W.8). In the night, the prosecutrix could not go to the Police station and therefore, on the next day i.e. on 8.3.1998, she lodged an FIR, Ex.P/3 at about 11 a.m. in the morning, at Police Station Junnardev (Jamai). The prosecutrix was sent for her medico legal examination to the Community Health Center, Junnardev, where Dr.Manju Jain (P.W.6), examined the prosecutrix and gave her report, Ex.P/4. The prosecutrix told her age to Dr.Manju Jain as 16 years. No external or internal injury was found on her person. No any discharge was found from her private part. However, two slides of vaginal swab were prepared and handed over to the concerned constable after due sealing for their forensic science analysis. The appellant was arrested and he was also directed for for his medico legal examination. Dr. Rajiv Jain (P.W.7) examined the appellant. He found no abnormality to the appellant. He prepared slides of semen sample taken from the appellant and handed over to the concerned constable after due sealing for its forensic science analysis. After due investigation, a charge-sheet was filed before the JMFC, Chhindwara, who committed the case to the Sessions Court, Chhindwara.

(3.) I have heard the learned counsel for the parties.