IMRATLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant, aggrieved by his conviction under S.376, Penal Code, recorded by the Sessions Judge, Shivpuri, in Session Trial No. 54 of 1979, judgment dated 12-11-1979, has preferred this appeal. The appellant has been sentenced to undergo rigorous imprisonment for three years only.

(2.) Brief facts are that in village Dhamantuk lived a child girl Chhingo. She at or about 10.30 a.m. on 13-3-1979 was watching her wheat field on the outskirts of the village. The field of the appellant is also near the field of this child girl. The appellant proceeded to the spot where Chhingo was watching her field and invited her for a game, which she declined to participate. Upon this, the appellant threw Chhingo (PW. 3) down on the ground and ravished brutally. Due to this her private part was torn and she sustained injuries, consequent to which she started bleeding profusely and her underwear was soiled with blood. The appellant is alleged to have taken away the underwear from her body for washing near a well, but at the same time Bhabhuti (P.W. 7) arrived on the spot and the appellant ran away after leaving the soiled underwear near the well. She narrated the incident to Bhabhuti (PW. 7), who went to the village and informed the father of the prosecutrix, Jugru (P.W.1) about the incident. Jugru (PW. 1) arrived at the spot and saw his ravished daughter weeping and lying on the ground profusely bleeding from her delicate private part. Jugru (PW.1) lifted the prosecutrix, took her home and informed the villagers. According to Jugru (P.W. 1), while he was taking away his daughter in the company of the village Chowkidar to the police station, he was accosted by Meharban, Ramcharan, Akhesingh, Basanta and Balbhadra Thakur. These persons threatened him with dire consequences if he proceeded to the police station and lodged the report. Consequently, he returned, but he again went to police station Badarwas and lodged the report at 12-30 p.m. on 14-3-1979.

(3.) The police, after the report, sent the prosecutrix for medial examination, and she was examined by Dr. (Smt.) Megha Moghe (PW. 9). Her blood soaked clothes and the vaginal slides were sent for chemical examination. She was X-rayed by Dr. P.K. Malik (PW. 8) for verification of her age. The appellant was arrested and was examined by Dr. B.P. Namdev (PW. 10), according to whom, the appellant was fit enough to commit the crime.