SUNDERLAL Vs. THE STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the Cr.P.C, 1973 is preferred being aggrieved by the judgment dtd. 5/3/1999 in Sessions Case No.142/1998 by First Additional Sessions Judge, District Mandsaur M.P. whereby the appellant/accused has been convicted under Sec. 376(1) of the IPC and has been sentenced to 07 years R.I and a fine of Rs.1,000.00 with default stipulation of 06 months Additional R.I. The amount of fine has been ordered to pay to the victim/prosecutrix PW-2 as compensation.

(2.) Brief facts of the case are that the victim/prosecutrix PW-2 alognwith her husband PW-5 and her sister-in-law PW-4 moved to Narayangarh, District Mandsaur from their residence situated at Tehsil Thandla, District Jhabua M.P. to earn their livelihood by labour work and settled their temporary huts west side of Mundri Road and in front of veterinary hospital at Narayangarh, District Mandsaur. On 7/3/1998, husband/PW-5 of the prosecutrix alongwith other fellow labourers left their temporary huts to earn their livelihood. The prosecutrix alongwith her sister-in-law remained in huts because they could not get any labour work on that day. In the Noon on 7/3/1998, the prosecutrix PW-2 and her sister-in-law PW-4 went to take bath on a well. The prosecutrix PW-2 washed the clothes and only petticoats and upper garments were on the body. Suddenly, the appellant/accused appeared on that place and asked why they are taking both on that place, he asked PW-4 to leave the place. PW-4 ran away from the spot. The prosecutrix/PW-2 also collected her cloth and moved to return to their huts. The appellant/accused offered her to go with him. The prosecutrix/PW-2 tried to ran away from the spot but the appellant/accused caught hold the waist of the prosecutrix and took the prosecutrix forcibly in the filed of Rajika (Black Mustered) and laid her on the soil, threatened her with knife and warned not to raise any alarm. Thereafter, the appellant/accused committed penetrative sexual assault and after completing the act, he put on his clothes and ran away from the spot. The prosecutrix PW-2 returned to home weepingly. When her husband and neighbour returned to the huts then PW-2 narrated the incident to her husband and also narrated the incident to her sister-in-law PW-4 and they want to the police station Narayangarh alongwith the fellow labourer and lodged a report at about 10:00 PM on 7/3/1998 where crime No.28/1998 was registered against the accused/appellant under Sec. 294, 376 and 506 of IPC.

(3.) The prosecutrix/PW-2 was taken to the PHC, Narayangarh where she was examined by Dr. Ila Patidar (PW-1) at 12:50 Noon on 8/3/1998. Samples alongwith the cloths of the prosecutrix were collected and the same were sent for forensic laboratory, spot map was prepared vide Ex.P/6 at 07:00AM on 8/3/1998, statements of the victim/PW-2, her sister-in-law PW-4, husband PW-5 and neighbours were recorded. The appellant/accused was arrested at 10:00AM on 11/3/1998. An ossification test of victim PW-2 was conducted and final report under Sec. 173 (2) of Cr.P.C., 1973 was prepared disclosing the offence of Sec. 376, 294 and 506 of IPC and submitted to the Court of Judicial Magistrate First Class, Narayangarh on 13/8/1998. Regular Criminal Case No.372/1998 was registered and vide order dtd. 19/6/1998, the case was committed to the Court of Sessions, Mandsaur. M.P.