NARAYAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Sec. 374 of CrPC has been filed against the judgment and sentence dtd. 26/4/2013 passed by Additional Sessions Judge, Ambah District Morena in S.T. No.80/2013, by which the appellant has been convicted under Sec. 376 of IPC and has been sentenced to undergo rigorous imprisonment of 10 years and a fine of Rs.25,000.00 with default rigorous imprisonment of one year.

(2.) According to the prosecution case, on 31/1/2013, mother of the prosecutrix had a fast of Thursday and after performing prayers, she gave a dough to the prosecutrix for giving it to a Cow. Accordingly, at about 11:00 AM, the prosecutrix went near the house of Narayan Kushwah, where the Cow was tied. When the prosecutrix did not return back even after half an hour, then her mother went in search of her and found that her daughter/prosecutrix was coming out of the room of the present appellant and was crying. The appellant also came out of the house and after noticing the mother of the prosecutrix went back to his room. Mother of the prosecutrix brought the prosecutrix back to her house and inquired about the incident, then the prosecutrix informed that she has been raped. She further clarified that the appellant has also extended a threat that in case, if the incident is narrated to anybody, then he would strangulate her. When mother of the prosecutrix examined the body of the prosecutrix after removing her pant and undergarments, then she found that there was blood on the private part of the prosecutrix and her underwear was also stained with blood. The entire incident was narrated by the mother of the prosecutrix to her mother-in-law as well as sister-in-law (Devrani). Thereafter, the prosecutrix was given a shower. Her husband (father of the prosecutrix) came back in the evening and, accordingly, the FIR was lodged on 31/1/2013 at 17:00. The prosecutrix was sent for medical examination and it was opined that hymen could not be examined as the patient is not cooperating and is crying and, accordingly, an opinion was given that possibility of rape cannot be ruled out. However, it should be co-related with the circumstantial evidence and cerochemical examination. Vaginal stick, slide and underwear were seized. The appellant was arrested. The statement of the witnesses were recorded. Blood sample was collected for DNA examination.

(3.) The police after completing the investigation filed the charge-sheet for offence under Sec. 376 of IPC. The Trial Court by order dtd. 1/3/2013 framed the charges under Sec. 376 of IPC.