STATE OF M P Vs. HAR PRASAD

JUDGEMENT

(1.) This order is disposing of an application filed under Section 378(3) of the Cr.P.C. for grant of leave to appeal against the judgment dated 17.12.2015 passed by the First Additional Sessions Judge, Tikamgarh in Sessions Trial No.82/2015 whereby respondent Har Prasad has been acquitted from the charge of Sections 450 and 376 of the IPC

(2.) Prosecution's story is that on 10.4.2015 in the village Pateriawala Khirak, Prosecutrix (P.W.5) had sent the respondent in the night to give food to her husband Hardayal Kushwaha (P.W.7) because her husband was doing threshing work in the field. Respondent Har Prasad returned back to the house of the Prosecutrix (P.W.5) at 10 P.M., thereafter the respondent entered into the room of the Prosecutrix and bolted the door from inside. Thereafter, the respondent caught the hand of the Prosecutrix and put her below and after removing her clothes, committed intercourse with her. The respondent had pressed the Prosecutrix below him, thus she could not make the noise. At that time, daughter of the prosecutrix, Imrat (P.W.9), aged about 13 years, who was with her grandmother in other room bolted the room from outside and she shouted, then Deshraj (P.W.11), Mukesh (P.W.12) and cousin brother of her husband, Bihari (P.W.14) and Vrindavan (P.W.8) came there. On opening the door from outside, respondent Har Prasad fled away from the house of the prosecutrix. On getting the information, husband of the Prosecutrix came back to the house and tried to beat her, then on being frightened, the Prosecutrix went to her parents' house at village Jawaharpura on foot. At that night, her brother was not at home, then she told the incident to wife of her brother. Her brother returned on 19.4.2015 from Gwalior to his house, then the Prosecutrix informed his brother about the incident. On 20.4.2015, her brother took her to the house of her husband and pacified her husband. Thereafter, the Prosecutrix reached to the police station Simra with her brother and filed a written application (Ex.P.4).

(3.) After receiving the application, the Prosecutrix (P.W.5) was sent for medical examination to District hospital, Tikamgarh. where Dr.Richa Jain (P.W.1) examined her and no injury was found on her body and the lady doctor found herself unable in giving any definite opinion about the sexual assault and recorded her report (Ex.P.1). The lady doctor prepared two slides of vaginal smear of the Prosecutrix (P.W.5) and also sealed in a packet her petticoat and sent the material to the police station concerned. The accused was also arrested and was examined on 29.4.2015 by Dr.M.K.Jain (P.W.6), who found himself capable for committing sexual intercourse. The sealed materials were sent to the Regional Forensic Science Laboratory, Gwalior, wherfrom its report (Ex.P.12) was received. During the investigation, the statement of the Prosecutrix (P.W.5) was got recorded under section 164 of the Cr.P.C. before the J.M.f.C. concerned. After completing other formalities of the investigation, the charge-sheet was filed before the JMFC, Orchha, who committed the case to the Sessions Court.