BAHORIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present jail appeal against the judgment dated 10.6.1997 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Satna in special case No. 20/1996, whereby the appellant has been convicted of offence under Section 376 of IPC and sentenced to 10 years rigorous imprisonment with fine of Rs. 10/ -, in default of payment of fine, one day's rigorous imprisonment.

(2.) THE prosecution's case, in short, is that, on 22.4.1996, the prosecutrix (P.W.2) went to take some wheat from the house of one Ramkhilawan at village Bardha, Police Station Ramnagar, District Satna, when she was coming back from the house of Ramkhilawan, the appellant Bahorilal met her in the way and gave a proposal to catch a parrot. Though the prosecutrix refused to go with him, he took the prosecutrix forcefully near the dam. Near the dam, the appellant threw the prosecutrix on Earth and removed her underwear and thereafter, inserted his penis in her vagina and committed rape upon her. Nobody came to the spot. The prosecutrix went back to her house and intimated her mother Somwati (P.W.6) about the incident. Thereafter, when her father Mahadev (P.W.7) came to the house, he was also intimated about the incident and thereafter, Sarpanch of that village and Chowkidar Akhilesh (P.W.8) were also informed. With help of Chowkidar, the prosecutrix was taken to Police Station Ramnagar, where she lodged the FIR, Ex.P/3. She was sent for her medico legal examination. Dr.K.Singh (P.W.3), a Lady Assistant Surgeon posted at Civil Hospital, Ramnagar had examined the prosecutrix and gave a report, Ex.P/4. She found some abrasions to the prosecutrix on her back at the height of T -11 and T -12. The private part of the prosecutrix was swollen. Blood was oozing from her vagina and entrance of vagina was lacerated. Hymen was also found recently torn. Doctor has given position of cracks in hymen. There was a laceration in mucous membrane and blood was oozing. According to Dr.Singh, a forceful intercourse was done by someone upon the prosecutrix. Thereafter, the appellant was arrested and sent for medico legal examination. After due investigation, a charge - sheet was filed before the Special Court.

(3.) SPECIAL Judge, after considering the evidence adduced by the parties, acquitted the appellant from the charge of offence under Section 3 (2) (v) of the Special Act but, convicted him of offence under Section 376 of IPC and sentenced as mentioned above.