LAALU @ BALMUKUND SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 25.7.2012 passed by the learned Sessions Judge, Damoh in S.T.No.372/2011, whereby the appellant was convicted for the offence punishable under section 323 of IPC and sentenced for 6 months' rigorous imprisonment with fine of Rs.1,000/-. In default of payment of fine, rigorous imprisonment for 45 days was also directed.

(2.) Prosecution's case, in short, is that, on 21.6.2011, the prosecutrix (P.W.3) was picking some vegetables from the field of the appellant near the village Jabera. That field was taken on lease by Halle (P.W.4), the husband of the prosecutrix. At about 12 in the noon, she went to keep the picked vegetables in a container. At that time, the appellant came to that place where she was collecting the vegetables and on finding her alone, he held her hand and threw her on the Earth and thereafter, he committed rape upon the prosecutrix. The prosecutrix went to her house at village Kheri and informed her father-in-law Mitthu (P.W.2). Her husband Halle was not at the house. He had gone to his relatives and therefore, she informed about the incident to her husband when he came back. Thereafter, she went along with her husband to the Police Station Jabera and lodged an FIR, Ex.P/2. The prosecutrix was sent for her medico legal examination. Dr. Shraddha Gangele examined her and gave a report dated 25.6.2012. No external or internal injury was found on her person but, 2 slides of her vaginal swab were prepared and handed over to the concerned police constable after sealing them. The appellant was also arrested and sent for his medical examination. Dr. Amit examined the appellant and gave his report, Ex.P/5. No abnormality was found to the appellant. Two semen slides were prepared and handed over to the police constable after sealing them. All the sealed substances were sent to the Forensic Science Laboratory. The Forensic Science Laboratory in its report, Ex.P/9, has found that the slides of the vaginal swab of the prosecutrix as well as the slides received from the appellant contained semen and sperms. After due investigation, a charge-sheet was filed before the JMFC, Damoh, who committed the case to the Sessions Court.

(3.) The appellant abjured his guilt. He did not take any specific plea but, he has stated that there was a dispute between the appellant and husband of the prosecutrix relating to the accounts of agricultural income and therefore, the appellant was falsely implicated in the matter. However, no defence evidence was adduced.