(1.) APPELLANT is aggrieved by his conviction and sentence imposed for commission of the offence under Section 376 (1), IPC he has been sentenced to undergo seven years RI by Addl. Sessions Judge, Dindori in S. T. No. 58/97.
(2.) THE allegation against the accused/appellant is of commission of rape over a dumb girl aged 18 years namely Parwatibai on 26-2-97. Parwatibai and accused Darbari Singh are neighbours. Prosecutrix was not married still gave birth to one daughter. According to the prosecution case Parwatibai is dumb and her marriage has not been performed. Accused Darbari Singh was having no issue though he was married. At the time of incident Parwatibai's parents had gone to their field for harvesting. Accused taking advantage, wanted to perform sexual intercourse and assured Parwatibai of performance of marriage and forcibly committed sexual intercourse and thereafter continued to perform sexual intercourse. Parwatibai got pregnant after 3 months. Parents of the prosecutrix came to know that she was carrying the pregnancy. Information of the same was given to the villagers. Panchayat was convened. Parwatibai disclosed that in the month of "chaitra" accused had performed sexual intercourse and was treating her as his wife. The pregnancy was caused by accused Darbarisingh. Darbarisingh admitted in the Panchayat that he has committed sexual intercourse and he was responsible for the pregnancy. When Parwatibai gave birth to a daughter, accused refused to own child. Thereafter FIR was lodged at P. S. , Shahpur for commission of the offence under Section 376, IPC. Accused was arrested and found capable of performing sexual intercourse.
(3.) ACCUSED Darbarisingh abjured his guilt and contended that he was falsely implicated. The Trial Court has found that the age of the prosecutrix was about 18 years. Findings has been recorded that she is dumb, illiterate and a tribal girl. She was unable to understand the questions which were put to her. She had carried the six months child to the Court. She has clearly stated that child was begotten from the accused Darbarisingh. When it was put to her that she was speaking a lie, she fell in state of sorrow as she is dumb girl, conduct has been considered by the Trial Court in extensive detail.