DINESH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal is directed against a judgment of conviction passed by learned Special Judge (Atrocities), Panna (M.P.) in Special Case No. 37/2006 on 05.01.2008 whereby appellant Dinesh s/o Ram Kishore Vyas has been convicted under Section 376(2)(g) of the Indian Penal Code along with co-accused Prahlad s/o Ramswaroop Rajput and vide separate order, both have been sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 1,000/-; in default of payment of fine, to further under rigorous imprisonment for one month.

(2.) The prosecution case was set in motion on the basis of statement of the prosecutrix (hereinafter referred to as the "G") made to S.R. Khan, Assistant Sub Inspector (ASI) posted as In-charge Police Chowki, Maheba, Police Station Amanganj, District Panna on 26.09.2006 at 08.05 p.m. in respect of a sexual assault on her. The statement is that she is a student of Class-8th. She went to the field to ease herself at about 07.30 p.m. After coming back, she was washing her hands. At that time, appellant Dinesh Vyas and co-accused Prahlad Singh Rajput caught hold of her. Dinesh Vyas pressed her mouth. Naresh Basor was also accompanying the accused persons. They physically lifted her and took her behind the house of Ruppu Dhimar. Dinesh made her lay down. Prahlad and Naresh were asked to keep watch so that nobody comes. Both of them stood at a distance. Dinesh removed her underwear and committed forcible intercourse. She got acute pain in her genital and was writhing in pain. The blood started oozing out of her genital. At that stage, Dinesh Vyas, Prahlad Singh Rajput and Naresh Basor ran away. She came back home and informed about the incident to her maternal-grandmother Bunda Bai and maternal-uncle Baiyan. Thereafter, she along with her maternal-uncle and maternal-aunt (Guddi) came to report to the police station. On the basis of such report, initially an FIR (Ex.P-9) was recorded on 26.09.2006 at 08.05 p.m. at Police Post (Chowki Maheba, P.S. Amanganj) with Crime No.026/2006 for an offence under Section 376(2)(g) of the IPC and section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) After recording the FIR (Ex.P-9), Lakhanlal (PW-5), Head Constable No.509 had taken the said FIR to Police Station Amanganj, District Panna for registration of crime at the Police Station and on the basis of the said report, an FIR (Ex.P-8) was registered in the intervening night of 27.09.2006 at 12.30 a.m. at Police Station Amanganj, District Panna as Crime No.162/2006 against appellant Dinesh Vyas, co-accused Prahlad Singh Rajput and Naresh Basor for the offence as mentioned above. Copy of the FIR (Ex.P-9) registered at "zero" number has been annexed with the FIR (Ex.P-8).