GULLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 29.1.1997 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Damoh in Special Case No. 266/1996 whereby the appellant has been convicted of offence under Section 376 read with Section 511 and Section 506 -B of IPC and sentenced to three years' RI with fine of Rs. 1000/ - and six month's RI respectively, with an additional two months' RI in default of payment of fine.

(2.) THE prosecution's case, in short, is that on 4.11.1996 the prosecutrix (PW -1) was working in her father's field at Village Pathariya (Police Station Pathariya District Damoh). At about 6:00 PM the appellant held her and kept a towel on her mouth. Thereafter he committed rape upon the prosecutrix. On shouting of the prosecutrix, the appellant gave a threat that if she would tell about the incident to her parents, then she would be killed. The prosecutrix went to her mother Rooprani (PW -3). Rooprani found that blood was oozing from the private part of the prosecutrix. Komal (PW -2), father of the prosecutrix was informed about the incident on the evening when he came back to the house. The incident was also informed to the witnesses Achheylal (P -5) and Babulal (PW -7). Due to threat given by the parents of the appellants, Komal could not go to the police station to lodge an FIR, and therefore after 4 -5 days an FIR Ex.P -1 in shape of a written complaint was lodged. The SHO of Police Station Pathariya registered a case by the document Ex.P -2 for the offence under Section 376 of IPC. The prosecutrix was sent for her medico legal examination. Dr. Tulsa Thakur (PW -6) found 5 -6 abrasions to the prosecutrix, however no internal injury or any bleeding was found from her private part. Her hymen was found intact. One little finger only could be inserted in the vagina with difficulty. However, some white liquid was found on her outer vagina, and therefore two slides were prepared and handed over to the concerned Constable for forensic science examination of such discharge. After due investigation, a charge sheet was filed before the Special Judge, Damoh.

(3.) THE Special Judge, Damoh after considering the prosecution evidence acquitted the appellant from the charge of Section 376 of IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, however convicted him for commission of offence under Section 376 read with Section 511 and Section 506 -B of IPC and sentenced as mentioned above.