KANHAIYALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Kanhaiyalal stands convicted for offences punishable under section 376, IPC and sentenced to R. I. for ten years, by the impugned judgment and order dated 21-12-1998, passed by Sessions Judge, Raisen, in sessions Trial No. 52/97.

(2.) THE prosecution case, in brief, is that on 24-1-97 at 4. 00 P. M. prosecutrix Meera Devi (P. W. 1) aged about 9 years was playing in her house. Her mother Smt. Paratava (P. W. 3) was busy in cooking. Her father Chotan (P. W. 2) had gone out of his house for some work. Appellant enticed the prosecutrix, took her to his house on the assurance that he will give her toffee and money and committed rape with her. When the prosecutrix began to weep, appellant gave her toffee and two coins of ten paise each. The prosecutrix came back weeping and narrated the whole incident to her mother. Blood was oozing out from the private part of the prosecutrix. After a while, father of prosecutrix returned home who was informed about the incident by the prosecutrix. Father, in turn, informed the incident to the Panchas, Sarpanch and other persons of the village. On the same day around 8. 15 P. M. , FIR was lodged at police Station, Chitrangi.

(3.) THE prosecutrix was sent for medical examination. She was examined by Dr. Kalpana Ravi (P. W. 8), Assistant Surgeon, District Hospital, sidhi, who reported that secondary sex characters of the prosecutrix were not developed. On examining the private part she found that external genital organs of the prosecutrix were not well developed. Bruises and abrasions were present in the middle of labia majora and labia minora. Her hymen was torn. Tear was at 6 o'clock position. Blood was oozing out from the wound. Dr. Kalpana Ravi opined that prosecutrix was subjected to sexual intercourse within 24 hours of the examination. Two slides of secretia were prepared by the Dr. Kalpana Ravi and were handed over to constable along with the underwear of the prosecutrix in a sealed cover for chemical examination.