KISHAN LAL Vs. STATE OF M P

JUDGEMENT

(1.) Appellant Kishanlal, a shop keeper, aged about. 40 years has been convicted under section 376 I.P.C. for committing rape on Vimlabai, a girl aged about 12 years and has been sentenced to undergo four years rigorous imprisonment.

(2.) Prosecutrix Vimlabai had lost her father and her mother Sukhiyabai (PW 3) had started living with one Shyamal at Champa. It appears that Vimlabais step father was not treating her properly and therefore, her mother Sukhiyabai got her employed at the house of the appellant at Seoni which is at a distance of about have kilometers from Champa. The appellant used to sleep in his own house while his son slept in the shop. Vimlabai used to sleep in the same room where the appellant slept at night. On the night of the incident i.e. 9.11.1981, the appellant is said to have carried the prosecutrix to his bed and forcibly raped her. The child felt pain and started crying on which the appellant threatened her. After sometime he left her when Vimlabai requested him that she may be allowed to go for making water. There was bleeding also while rape was committed. Vimlabai could escape from the house of the appellant on 12.11,1981. She got a Rikshaw and Antu (P.W. 4), the rikshawala took her to her mother's place at Champa. Vimlabai informed her mother about the act committed by the appellant and on that very day report of the incident was lodged by Vimlabai. The girl was sent for medical examination. Dr. Alka Deshmukh (P.W. 2), lady Assistant Surgeon, examined her. There was an old central perineal tear (between the anus and vagina) and granulation tissues were seen. In reply to a query she reported that the duration of the perineal tear was within about five days from the date of the medical examination. The girl was sent for radiological examination. Dr. G.K. Rahalkar (PW 8) reported on the basis of ossification test that the age of the girl was between 10 to 14 years. On, the basis of this evidence the appellant was charged under section 376 I.P.C. for committing rape on Vimlabai.

(3.) The appellant denied the charge and pleaded that he was innocent.