GANESHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being aggrieved by the judgment dated 22-9-1990 passed by the Second Additional Sessions Judge, Tikamgarh in Sessions Trial No. 90/89 convicting and sentencing the appellant under Section 376 of IPC for four years R I., the appellant has preferred this appeal under Section 374 (2) of Cr. P. C.

(2.) The brief facts of the prosecution case are that Harsewak Khagar was in possession of a Government land called in the name of Gutewanwali Bhumi situated at village Vanpura. The land of Ramdas Guru Chamar is also situated towards the eastern side of this land, a pedestrian way of the locality was in existence towards the western side of such land. Such way goes towards the village Saiyahar. The agriculture field of Ramua Kachhi is situated towards the western side of said way.

(3.) On dated 9-7-1989 in the morning Ramua Kachhi went to his agriculture field for its cultivation. In the afternoon his wife Bhuwani has sent his lunch through her daughter namely Vinai, aged 11 years. After giving lunch, at about 3 o'clock when she was returning to her village Banpura Sapan from the field (sic). On the way she was caught by the appellant. After putting off the basket from her head, she was taken into shrubs of said Gutwanwali Bhumi by the appellant with an intention to commit rape with her whereby overturning her clothes he committed rape with her. Consequently, bleeding from her private part was started. Thereafter the appellant went away from such place saying she should not say this to her mother. She was lying there for an hour on account of the pain. She put waste cloth on the private part to stop bleeding, same became wet with the blood. Thereafter she went to the field of Manna where she informed to her aunt Laddu Bai and Uncle Bhaggu and mother Bhumani Bai as they met there. She was brought to home by her mother. Her father was called. On his coming the aforesaid incident was mentioned. Shri Pratap Singh, Sarpanch of the village was informed. Thereafter by putting on cot, she was taken to Police chouki, Khargapur where the report was lodged and the prosecutrix was sent to the hospital. On medical examination the MLC was prepared. After holding investigation the appellant was charge sheeted under Section 376 (2) (f)