KHEMAJI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Khemaji stands convicted for offence punishable under Section 376 (1), IPC and sentenced to R. I. for seven years with fine of Rs. 1000/-, in default whereof to undergo R. I. for three months, vide impugned judgment and order dated 19-1-2001, passed by Additional Sessions Judge, Harda, in sessions Trial No. 250/99.

(2.) THE prosecution case lies in a narrow compass. Ku. Mamta (P. W. 6) is the daughter of Nandram (P. W. 5 ). On 29-9-99 at about 6 P. M. when she was returning from the forest along with her cattle after grazing them, appellant met her in the way. He threatened her and took her in a field and committed rape on her. When the cattle reached home and Mamta did not reach, her father, Nandram (P. W. 5) along with his son, Ramsingh and other persons went in the forest in search of Mamta. They saw Mamta in a field along with the appellant. Mamta narrated whole incident to her father. Nandram took Mamta and the appellant to the Sarpanch, Laxmi Narayan, whom also Mamta narrated the incident. Laxmi Narayan advised Nandram to lodge report at the police station. Nandram along with his daughter, Mamta, went to Police Station, chheepawad and lodged report (Ex. P-7 ).

(3.) PROSECUTRIX Mamta was medically examined by Dr. Smt. Abha jesani (P. W. 3 ). On examination she did not find any external injury on the person of the prosecutrix. There was an old rupture of hymen. No fresh bleeding was present. On internal examination, the prosecutrix made a complaint of pain. Her vaginal secretia was obtained and preserved for analysis. Salwar and Kurta of the prosecutrix was also recovered by Dr. Smt. Jesani and was handed over to the concerned Police Constable in a sealed cover. On examination, Dr. Smt. Jesani concluded that no definite opinion can be given regarding commission of rape on the prosecutrix. Ex. P-6-A is the report of dr. Smt. Jesani (P. W. 3 ).