CHHOTELAL BHUMIA Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT Chhotelal Bhumia stands convicted for offence punishable under section 376(2)(f) of the Indian Penal Code and sentenced to R.I. for ten years, by the impugned judgment and order dated 30 -4 -2003, passed by XVIIIth Additional Sessions Judge, Jabalpur, in Sessions Trial No. 14/2003.

(2.) THE prosecution case, in brief, is that on 3 -11 -2002, prosecutrix Durga Bai, a girl aged about eight years, was playing along with another girl. Roshni outside her house. The appellant took her towards Kiriya Nala and committed rape on her. Mother of Roshni informed Parwati Bai (PW -1), the grandmother of the prosecutrix that the appellant has taken away the prosecutrix towards Nala. She, along with her husband and Mahesh (PW -2) went towards Nala in search of the prosecutrix. As Mahesh was going faster than her, he reached the spot earlier where he found the prosecutrix weeping. He brought the prosecutrix to Parwati Bai. Thereafter, Parwati along with her husband and other relatives, went to the police station and lodged the FIR, Ex. P -1.

(3.) THE prosecutrix was sent for medical examination to Lady Elgin Hospital, Jabalpur. She was examined by Dr. Smt. Sharda Mishra (PW -8) who found the marks of bruise over the neck of the prosecutrix and blood stains over nose. On local examination she also found dried blood stains over the hymen of the prosecutrix. Hymen was torn at 6 O'clock position. A perineal tear was present. Dr. Sharda Mishra (PW -8) was of the opinion that the repair of the tear required general anaesthesia, therefore, she referred the prosecutrix to Victoria Hospital, Jabalpur for examination by an expert. It was also requested that after examination and stitching of the tear the patient may be sent back to Elgin Hospital for further management of perineal tear. After the needful, the patient was sent back from Victoria Hospital to Elgin Hospital, Jabalpur where Dr. Sharda Mishra (PW -8) recovered the clothes of the prosecutrix which she wore at the time of incident and her examination. Vaginal swab of the prosecutrix was collected and two slides were prepared. Recovered clothes and the slides were handed over to the police constable concerned in the sealed cover for chemical analysis. Ex. P -4 is the report of Dr. Smt. Sharda Misra (PW -8).