VISHWANATH Vs. STATE

JUDGEMENT

(1.) Appellant Vishwanath stands convicted for offence punishable under Section 376 IPC and sentenced to R. I. for seven years with fine of Rs. 500/-, in default whereof, to further undergo R. I. for three months by the impugned judgment and order dated 20-2-2001 passed by Addl. Sessions Judge, Harda, in Sessions Trial No. 29/99.

(2.) The prosecution case, in brief, is that on 3-11-1998 at about 11.45 a. m. prosecutrix Deepti (PW. 14) was going to her house from her school. Appellant Vishwanath was standing outside his house. He was known to the prosecutrix as he was her tutor. Appellant called the prosecutrix in his house on the pretext that he has got some work. When the prosecutrix entered his house, appellant took her on the roof of his house and committed rape on her. The prosecutrix tried to raise alarm but the appellant gagged her mouth. After the incident prosecutrix came to her house and narrated the incident to her mother Subhadra (PW.2). At that time father of the prosecutrix was not at home. After his return prosecutrix narrated the incident to him also and went along with him to police station Timarni, and lodged the report Ex. P6.

(3.) Prosecutrix was sent for medical examination. She was examined by Dr. Smt. Pushpa Baranga (PW.3) who found her vagina hot and red. Tenderness was also present and an old tear was found on her hymen. Pubic hair of the prosecutrix were collected. Lady Doctor found stains in the underwear of the prosecutrix which was recovered from her and kept in a sealed cover. Two slides of the vaginal smear of the prosecutrix were prepared. Dr. Baranga opined that no definite opinion can be given about the rape without the examination of slides and clothes. Ex. P. 5-A is her report.