BHOLA RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Situations do arise in life when one has to singularly fight for one's honour and self respect and carry on the crusade without succumbing to any extraneous pressure. In the instant case the prosecutrix, a victim of carnality of the accused-appellant, refusing to play casablanca to her husband's intentions, has followed the dictate of her solemn conscience and fought alone to see, that a wrong doer destroying the dignity of a woman does not escape from the teeth of law.

(2.) Stated briefly, the prosecution case is that on 10-9-85 the prosecutrix, an aunt of the accused, was alone in her house as her husband, the uncle of the accused, had gone out. Having complete knowledge that the prosecutrix was alone and her husband was not at home the accused obsessed with carnal desire and possessed with the passion, entered into the house of the prosecutrix and after making certain formal inquiries about her husband, the accused caught hold of her and made her lie down on the ground and had forcible sexual intercourse with her. Efforts to shout was curbed by putting a towel into her mouth. Her attempt to wriggle out became ineffective as he overpowered her. After finishing the sexual intercourse the accused fled away. Thereafter the prosecutrix came out and shouted. Hearing her noise, he came and threatened to do way with her in case she raised a voice. She informed the matter to her sister-in-law, Jayabai and later on to her husband. She lodged the F.I.R. setting the criminal action in motion, but when the police came to investigate, her husband and others did not supports her. She stood embedded in her version and the investigating agency in course of investigation got the prosecutrix medically examined, seized her 'sari' and the underwear of the accused and send those articles for serological examination. After completing the other formalities, charge-sheet was laid under section 376, I.P.C. against the accused.

(3.) The defence took the plea of innocence and false implication. The further plea of the accused was that the prosecutrix had quarrelled with the brother of the accused and the accused had given some slaps to the daughter of the prosecutrix, for which concocted allegations have been made against him.