CHATRA Vs. STATE OF M P

JUDGEMENT

(1.) The appellants above named have preferred this appeal against the judgment dated 25.08.94 rendered by the learned Additional Sessions Judge, Garoth District Mandsaur in S.T. No. 76/91 thereby convicting all the appellants under section 366 of the Indian Penal Code and appellant No. 1 Chatra also under section 376 of the Indian Penal Code and sentencing them each to undergo R.I. for three years with fine of Rs. 100/-, in default of payment of fine to suffer S.I. for one month under section 366. of the Indian Penal Code and further the appellant No. 1 Chatra to undergo R.I. for seven years and to pay a fine of Rs. 100/-, in default of payment of fine to suffer additional S.I. for one month under section 376 of the Indian Penal Code. Both the substantive jail sentences of the appellant No. .1 are directed to run concurrently.

(2.) The prosecution case in nut-shell as unfolded before the trial Court is that on 10.04.90 in the noon prosecutrix PW-8 while residing in the house of her father, had gone to the forest for collecting dung-cake. At that time, she was caught by the appellants and on refusal by her to go with them, she was beaten and was abducted. She was taken in a forest rivulet and her silver ornaments were taken out forcibly. She was confined in the house of appellant Chatra. In the night the prosecutrix was being ravished by appellant Chatra, she cut his nose by a razor blade. On the next day, brother of prosecutrix named Ranglal PW-2 along with Tarachand (PW-3) reached at the hutment of appellant Chatra to whom, the prosecutrix disclosed about the incident. The prosecutrix PW-8 and appellant No. 1 Chatra were taken to the village by Ranglal and his companions. On 12.04.90, at about 4.15 PM, First Information Report Ex. P/15 was lodged by the prosecutrix, recorded by Station House Officer Shri Gopal Suryavanshi of police station Gandhi, District-Mandsour. The police registered the offences punishable under Sections 366, 392 and 376 read with Section 34 of the IPC against the appellants. The prosecutrix was medically examined by PW- 9 Dr. Mrs A.P. Buddbisagar. Her medical report is Ex.P/14. Doctor also prepared the slides of vaginal swab of the prosecutrix and also sealed her Petticoat, blouse and half Saree, which were worn by the prosecutrix. All the articles were sent to the police station. Prosecutrix was also referred for ossification test for determination of her age. Investigating Officer/ Station House Officer prepared the spot maps, Ex. P/2 & P/3 at the instance of the prosecutrix, in presence of PW-4 Gheensalal. The stained and controlled earth as also the piece of stone were also seized through seizure Ex P/4 from the spot. Ex. P/5, the third spot map was also prepared by the Investigating Officer vide Ex. P/5 in presence of PW-5 Heera. The appellant No. 1 Chatara was arrested on 19.4.1990 at 6.40 PM, his arrest memo is Ex.P/6. Appellant Rughnath was arrested on 14.4.1990 at 8:00 PM, his arrest memo is Ex. P/7. The appellant No.1 Chatara was sent for medical examination on 19.4.1990 and was medically examined by PW-7 Dr. M.S. Bhandari. His medical report is Ex. P/10, The medical reports of appellant Rughnath, Ananda and Rama @ Ramlal are Ex. P/11, P/12 & P/13 who were examined by PW-7 Dr. M.S. Bhandari on 15.5.1990. On completion of investigation, the appellants were charge sheeted for commission of the aforesaid offences.

(3.) The appellants refuted the charges. The defence of appellant Chatra was that Ranglal, brother of the prosecutrix had cut his nose for which a prosecution was pending against Ranglal and appellant Chatra was serving under the father of the prosecutrix for grazing his cattle. The defence of appellant Rughnath was that he was also working under the father of the prosecutrix named Moti and . took an advance from him. And on not returning the said amount, he was beaten and as a counter blast, a false case has been concocted by the complainant party. The appellants did not examine any witness in their defence, but filed the certified copy of the medical report of appellant No. 1 Chatra in defence whereas the prosecution has examined in total nine witnesses and exhibited 15 documents to ;prove its case. Learned trial Court, finding the appellants guilty, convicted and sentenced them as referred herein-above.