YASEEN KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal arises out of the Judgment and Order dated 17.4.87, in Sessions Trial No. 40/84, passed by Shri N.P. Mehar, Sessions Judge Vidisha, where the accused -appellant has been convicted for offence under section 376 I.P.C. and sentenced to R.I. for two years.

(2.) THE prosecution case, in brief, is that the prosecutrix Leelabai (P.W. 1) was, at the relevant time, living in her maternal uncle's house at village Baruakhar. On 17th September' 83, at about 3 p.m., the prosecutrix had gone in the field belonging to one Hakka. While she was cutting the grass, accused came from behind, caught hold of her, made her lie an the ground and committed forcible intercourse with her. She raised alarma and it is alleged that hearing her cry her maternal uncle Bhagirath arrived at the spat and shouted, upon which, the accused ran away from there. The prosecutrix (P. W. 1) Leelabai, then, came back to her house and narrated the incident to her maternal grandmather i.e., 'Nani'. It is stated that her meternal uncle with wham she was living had gone to village Jhagri and her aunt had gone to Shamshabad. The prosecutrix is a married lady who is said to' be married 4 -5 years priar to' the incident and was living with 'her Mausi's house, as Gauna had not taken place. It is stated that the father -in -law and mother -in -law were also not there so. there part was made an 21.4.83 at police station Shamshabad. In the report Ex. P/1 it is mentioned that the prosecutrix alongwith her father -in -law Dharma Kori and Chawkidar of the village lodged the report. On the same day she was sent far medical examination where P.W. 5 Dr. Mrs. Manju Jain examined her and gave a report Ex. P/4. She did not find any mark of injury an any part of the body of Leelabai. On internal examination also no. marks of injury seen aver labia, majora and minora. No mark of stain seen. It was found that the Hymen was torned, old tears present. Vagina admitted two fingers easily. There was no. bleeding nor tenderness. The doctor gave report that no definite opinion about sexual intercourse could be given as the girl was habituated to sexual intercouse.

(3.) THE Sessions Judge framed charge u/s. 376 of I.P.C. The accused -appellant abjured the guilt and contended that he has been falsely implicated.