MANGILAL LALJI JATAV Vs. STATE OF M P

JUDGEMENT

(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 carnal desire. The case at hand graphically exposes the inferior endowments of the appellant who failed to husband his passions and committed rape on a 9 years old girl.

(2.) THE story as unfolded by the prosecution, in brief, is that the accused and the prosecutrix are neighbours. On 22-8-1983 at about 2. 00 p. m. when the prosecturix, 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 in spite 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, P. W 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 under section 376/511, Indian Penal Code. However, the trial judge framed charge under section 376, Indian Penal Code 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.