(1.) Marriage is regarded as an institution to save a civilized man from the tyranny of sex. Instances do take place where a married man becomes a slave to this tyrant and exposes his unbridled appetite and lowers himself to an unimaginable extent for gratification of his carnel desire. The case at hand graphically exposes the inferior endowments of the appellant who failed to (sic) husband his passions and committed rape on a 9 year old girl.
(2.) The story as unfolded by the prosecution, in brief, is that the accused and the prosecutrix are neighbours. On 22-8-83 at about 2.00 p.m. when the prosecutrix, PW 2 was watching maize crops, the accused asked her to pluck some cucumbers from the nearby field. Following the suggestion of the accused while she was proceeding he caught hold of her and carried her to a distance of 10 paces and then flung her on the ground, gagged her mouth and inspite of her protest ravished her. Hearing the alarm of the prosecutrix, Ramkalibai, PW 3 came to the spot and found that the accused had committed sexual assault on PW 2. PW 2 informed the incident to her grand-mother, PW 7 and her father, Dalchand, PW 8. The matter was reported at P. S. Sehore by her. Under Ex. P-3, she was medically examined by Dr. (Smt.) S. Tiwari PW 1. For determination of age she was examined by Dr. Sharma, PW 13. The accused was examined by Dr. Sahu, PW 5. After further investigation and recording of statements of witnesses and seizure of certain articles charge-sheet was submitted to the Court for trial of an offence u/S. 376/511 IPC. However, the trial Judge framed charge u/S. 376 IPC and eventually the appellant faced trial for the said offence.
(3.) The accused pleaded innocence and false implication on account of pre-existing party faction.