KASHIRAM Vs. STATE OF M P

JUDGEMENT

(1.) This is a jail appeal by appellant Kashiram against his conviction by the Additional Sessions Judge, Shivpuri, in S.T. No. 11 of 1985, under his impugned Judgment dated 7- 11-1985, whereby the appellant has been convicted for the offences punishable under sections 376 and 392 of the Indian Penal Code and sentenced, there under on each count to concurrent jail sentences for 5 years.

(2.) From the spot map Ex. P. 2 prepared in the case, it is clear that the agricultural fields belonging to appellant Kashiram Lodhi and late father of prosecutrix Mst. Rabudi (P.W. 11) adjoin each otherat village Hasarra, in P.S. Bamor-kala, District Shivpuri.

(3.) Briefly stated, the prosecution story was that on the morning of 5-11-1984 at about 7 or 8 A.M. prosecutrix Mst. Rabudi w/o Harcharan and daughter of late Punnu had gone to her field to guard the crops. In the meanwhile at about 9 A.M., she proceeded to the boundary of the field in order to drive away the heads of cattle, that had strayed into the field. Appellant Kashiram happened to be standing there, who forcibly caught hold of Mst. Rabudi and laid her down on the ground. He, despite resistence from Rabudi, had forcible sexual intercourse with her. After having done so, the appellant even robbed her of the ornaments worn by her, as described in the First Information Report (Ex. P. 13), said to have been lodged by her at P.S. Bamorkala, at the distance of 3 Kilometers from Hasarra. After recording the report, the prosecutrix was sent for medical examination and was examined on 6-11-1984 by lady Dr. Rashmi Kumra (P. W. 7) vide Ex. P. 11 who did not give any positive opinion about the rape, the prosecutrix being a married woman, used to sexual intercourse. Thereafter, she was again sent for medical examination for injuries, which was done by Dr. R.K. Sharma (P.W. 8) on 8-11-1984 and the latter happened to find 3 simple external injuries on her person vide Ex. P. 12.