KALLU AHIRWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT Kallu Ahirwar stands convicted for offences punishable under sections 450 and 376(2)(f), Indian Penal Code and sentenced to R.I. for seven years with fine of Rs. 1,000.00 and R.I. for ten years with fine of Rs. 5,000.00, respectively, by the impugned judgment and order dated February 12, 1998, passed by 1st additional Sessions Judge, Tikamgarh, in Sessions Trial No. 60/97.

(2.) THE prosecution case, in brief, is that prosecutrix Sunita is the daughter of Ghanshyam (PW6) and Smt. Pushpa (PW 4). On 13 -4 -97, at about 4 P. M. Ghanshyam (PW6) had gone to Bazar at village Sakera. Smt. Pushpa had gone somewhere in the village. Prosecutrix Sunita was giving food to her brother and sister who were twins. Appellant came inside the house of the prosecutrix and enquired about her parents. When he learnt from the prosecutrix that he parents are outside the house, he committed rape on the prosecutrix. During the course of incident Pushpa, the mother of prosecutrix returned home. When she objected on the conduct of the appellant, he ran away.

(3.) THE prosecutrix was sent for medical examination. She was examined by Dr. Smt. Madhu Jain, Assistant Surgeon. On her examination, Dr. Smt. Madhu Jain found that : Secondary sexual characters of the prosecutrix were not developed. No marks of injury were found all over her body. Thigh separation was not painful. The hymen of the prosecutrix was found intact. Vagina admitted tip of little finger only. Minute abrasion was found on inner aspect of labia minor right side, lower part. No bleeding was found. She found post fourchitte intact. No tear was present. The nicker of prosecutrix was recovered by Dr. Smt. Jain as certain stains of blood were found thereon. Vaginal smear of the prosecutrix was also collected and two slides were prepared. She advised for ossification test to ascertain age of the prosecutrix.