RAMESH Vs. STATE OF M P

JUDGEMENT

(1.) Appellants Rakesh alias Manohar and Kailash stand convicted for the offence punishable u/S. 376(2(g)-of the Indian Penal Code and each of them sentenced to rigorous imprisonment for 12 years with fine Rs. 5,000/-, in default whereof to undergo further simple imprisonment for 2 years by the impugned judgment and order dated 31-11-2000, passed by Addl. Sessions Judge, Mhow, Distt. Indore.

(2.) Prosecution case in brief is that in the intervening night of 20th and 21st of June, 2000, some quarrel took place between the parents of the prosecutrix. Because of this quarrel, mother of the prosecutrix left her home. Her father went in search of the mother of the prosecutrix. When Nanuram, the father of the prosecutrix returned at 6.00 a.m., he found his daughter Anita, the prosecutrix, in semi-conscious condition. Prosecutrix Anita informed her father that in the night appellants took her near the field and both of them committed rape on her. Nanuram along with his daughter Anita went to Police Station Mhow and lodged FIR which was registered as Crime No. 0/2000. As the offence was committed within the jurisdiction of P.S. Badgonda, the case was transferred to that Police Station, where Crime No. 119/2000 was registered.

(3.) Prosecutrix was sent for medical examination. She was examined by Dr. Pratimarai Batham (P.W. 1). At the time of examination, general condition of the prosecutrix was poor, but she was conscious. Dr. Pratimarai Batham found the marks of teeth bite over the cheek of the prosecutrix. She found multiple scratch marks over her right shoulder, multiple abrasion over her back and multiple abrasion over left thigh. Her underwear was found soaked with discharge. On further examination, she found infected perenial wounds, but there was no active blood. The size of this wound was 3 x1 x 1' extending up to anus. As the prosecutrix was not allowing internal examination and the facility of giving anaesthesia was not available, Dr. Smt. Batham referred the case to M. Y. Hospital, Indore, for further examination and treatment. Dr. Smt. Batham opined that rape was committed on the prosecutrix within 36 hours of her examination. The cloth of the prosecutrix were recovered by Dr. Pratimarai Batham. Ex. P/1 is the report of Dr. Smt. Batham. In the M, Y. Hospital, the prosecutrix was admitted as indoor; patient. Surgery was also performed on her private part.