STATE OF M P Vs. RAJU RAJESH

JUDGEMENT

(1.) Respondent Raju alias Rajesh, son of Hiralal Khatwani, resident of village Sarona, Police Station Narhapur, District Bastar, was prosecuted for offences under Sections 342, 354 and 376 of the Indian Penal Code, but he was acouitted of the said offences by the First Additional Sessions Judge, Bastar as Jagadalpur (Camp Kanker), vide judgment dated 15.11.1984, passed, in Sessions Trial No. 177 of 1983, and being aggrieved by the said Judgment of acquittal the State of Madhya Pradesh has preferred this appeal under section 378(1) of the Code of Criminal Procedure, 1973, after obtaining leave of this Court under Section 378(3) of the Code of Criminal Procedure.

(2.) According to the prosecution, Sonaibai daughter of Phulsingh, was a resident of village Dumarpani, Tahsil Kanker, District Baster, and she had gone to village Selebhat as a guest to the house of her brother-in-law. On the date of the incident i.e. 1.5.1983, in the morning at about 9.00 A.M. she had gone, along with her sister Sonbati, to the mill of Hira Seth situated at village Sarona, to get the Dhan of her brother-in-law pounded. They had reached the mill before the other customers and, so, Sonaibai requested that their Dhan should be pounded first, but she was told to keep the Dhan and it would be-pounded later on and the Dhan of the ether persons, who had reached the mill after her, was pounded first. Subsequently, the Dhan taken by Sonaibai and her sister to the mill, was pounded and, after this, when Sonaibai was giving the price for pounding the Dhan, at that time, accused Raju son of Hira Seth, came there and he told her to come inside and, then he would take the money. When both the sisters declined to go inside, then the accused Raju caught both the sisters with one hand each and started dragging them and inside one room, he locked Sonbati, and took Sonaibai to another room and locked the doors from inside and forcibly committed rape on her, and then she cried, he shut her mouth with his hands. After completing the act of rape, Sonaibai was sent outside by opening the door towards Badi side. Sonbati had opened the door and had .gone outside and had informed about this incident at the hotel of Rudeshwar. Persons ran, but they found that the front door was locked. Sonaibai then narrated the incident to her sister Sonbati and also at the hotel of Rudeshwar at village Sarona, which was situated near the mill. The incident was also narrated by Sonaibai to her parents, but, as her father was very aged, hence she had gone with her relations Budhiyar and Ram Prasad to Dudhawa Bazaar to the shop of her brother-in-law Kartikram and had informed him about the incident, but, as there was a crowd at his shop, and, so, in the evening, she went along with Kartikram to Police Chowki. Dudhawa, where a written report (Ex. P-I) was handed over to the Incharge of Police-Chowki Dud hawa. The Sari and the petti-coat, which the prosecutrix Sonaibai was wearing, were seized at that very time vide seizure-memo (Ex P-2). Offences under Sections 376 and 342 of I.P.C. were registered at Crime No. 0/83 at Police Out-post Dudhawa.

(3.) Sonaibai had been sent for being medically examined and she had been first examined by Lady Doctor (Shrimati) Mahalaxmi (P.W. 22) on 2.5.1983 and the report given by the Lady Doctor is Ex. P-24 and the report regarding Sari and Petti-Coat which were sent to her by the police, is Ex. P-25. The prosecutrix Sonaibai had also been examined by another Lady Doctor (Shrimati) Tiwari (P.W. 5) on 3.5.1983 and the report given by the Lady Doctor (Shrimati) Tiwari is Ex. P-5 while the report regarding the. Sari and the Petti-Coat, examined by her, is Ex. P-6. The Doctor, who had examined the prosecutrix, confirmed rape having been committed on her. To confirm the age of Sonaibai, X-ray of her left elbow and right iliac crest was taken and the report in this regard is Ex. P-8. Cement scrapings from inside the room where the incident had taken place, were taken and broken pieces of bangles were also seized from the said room - vide seizure memo (Ex P-13). Relevant entries from the register - showing the date of birth etc. were also seized during the investigation. After the accused Raju was arrested, he was also sent for medical examination and his under-wear had also been seized. The articles - seized in the case, were sent to the Chemical Examiner, F.S.L. Sagar who confirmed the presence of blood on the. Sari and the Petti-Coat of Sonaibai and on the cement pieces and also on the slides prepared from the vaginal smear of Sonaibai and the report of the Chemical Examiner is Ex. P-28. Report of the Serologist (Ex. P-29) confirmed at the articles, i.e. Petti-coat and the cement pieces, were stained with human blood. Blood was not confirmed on the underwear seized from the accused Raju. Seminal stains or spermatozoa were also not detected on the aforesaid articles - as per report of the Chemical Examiner (Ex. P-28). After completing the other formalities in the case, a charge-sheet had been put up against the present-respondent Raju alias Rajesh under sections 342, 354 and 376 of I.P.C.