RAMPRASHAD Vs. STATE OF BHOPAL

JUDGEMENT

(1.) THIS is an appeal from Jail by one Ramprashad, son of Thukra, who is convicted of rape under Section 376, Penal Code, and sentenced to suffer rigorous imprisonment for three years and pay a fine of Rs. 100 or in default to suffer rigorous imprisonment for six months by the Additional Sessions Judge, Bhopal, in Sessions Trial No. 14 of 1952.

(2.) ONE Mst. Jaitul (p. w. 2) a blind girl of about 11 years lived with her uncle Mangal (p. w. 8) near village Joshipur in a camp of labourers working on a kiln. On 24. 2. 51 late in the morning she along with her cousin Mst. Jagoo (p. w. 7) of the same age and a boy named Chaitoo aged 10 years, was going towards village Joshipur when near a lonely part of the road the appellant Ramprashad about 20 years of age who was a stranger to the children, came from the opposite direction and frightened them saying that the Census Officers were coming and would catch them. The children being afraid began to run away but the appellant caught hold of Mst. Jaitul, carried her to a dry sandy Nalla nearby and committed forcible sexual intercourse with her. She cried for help but her companions concealed themselves behind a bush and could merely watch the act of the applicant who having accomplished it left the blind girl and ran away.

(3.) THE girl was then led by her companions to her uncle Mangal (p. w. 8) related to him the whole occurrence and Mastansingh (p. w. 4), the contractor, having been informed, laid the First Information Report (ex. p-3) at Police Station Budhni, 8 miles from Joshipur, at 4. 30 p. m. late in the same afternoon. On medical examination of the girl on 26. 2. 51 by Dr. Subbalaxmi of Ladies Hospital Bhopal, her hymen was found torn and not healed up completely, the injury being of less than a week's duration. No sign of exterior violence was found. The appellant Ramprashad's personal examination on 27. 2. 51, by the Medical Officer, Budhni, showed a scratch on the right hand and on the left leg and smegma was found absent from the glands of the male organ. The Lehenga of the girl and Dhoti of the appellant were said to have borne stains of blood and semen on examination by the Chemist of the State Laboratory of Bhopal.