PRABHUNARAYAN NAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Prabhunarayan Nai stands convicted for offence punishable under Section 376, IPC and sentenced to R. I. for seven years, by the impugned judgment and order dated 9-10-1998, passed by Sessions Judge, Sidhi, in Sessions Trial No. 151/97.

(2.) THE prosecution case, in brief, is that on 29-9-97 at about 10. 00 A. M. prosecutrix Phoolmati (P. W. 1) was going to her cattle shed with a bucket of water to provide it to the cow. Appellant was sitting near the door of cattle shed. He caught hold of the hand of prosecutrix and when she objected, appellant pressed her neck and gagged her. The appellant pushed prosecutrix on the ground and committed rape on her. The prosecutrix tried to resist. Hearing the sound of resistance and struggle Jagmati (P. W. 2), the mother-in-law of the prosecutrix who was cooking food in the house, came out and saw the appellant committing rape on the prosecutrix. When she raised alarm, appellant threatened her. Hearing the cries of Jagmati, Sudama, the husband of the prosecutrix also came to the spot and saw the appellant running away. Certain persons of the locality also gathered there. As the husband of the prosecutrix was sick and her father-in-law was outside the village, the complainant could not lodge the report till 2-10-1997. On 3-10-1997 she went to Police Station, Madha alongwith her husband and lodged First Information Report (Ex. P-1 ).

(3.) PROSECUTRIX was medically examined by lady Dr. Nama Tirkey (P. W. 4 ). On examination, she found nail scratch mark on the right breast of the prosecutrix. Both the breasts were painful and tender. Bangle scratch marks were found on the right wrist joint. Dr. Tirkey cut the pubic hair of the prosecutrix and preserved for examination. Vaginal secretia was obtained and preserved for examination. Underwear of the prosecutrix was also recovered. Dr. Tirkey opined that rape was committed on the prosecutrix. Ex. P-3 is the report of Dr. Tirkey.