LAWS(MPH)-2008-9-94

DASHRATH SINGH Vs. STATE OF M P

Decided On September 05, 2008
DASHRATH SINGH Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) HEARD .

(2.) BY this petition under section 482 of CrPC the petitioner is challenging the order dated 26.6.2007 passed by the Second Additional Sessions Judge Vidisha in Criminal Revision No. 107/2007, arising out of order dated 28.5.2007 passed by the C.J.M. Vidisha in Criminal Case No. 967/07, whereby cognizance has been taken against the petitioner for an offence punishable under section 376 of IPC.

(3.) THE prosecutrix was medically examined on 9.11.2005. The doctor who had examined the prosecutrix opined that prosecutrix is a married woman and having four children, vagina is dilated and habitual for intercourse. No injury was found on the body of the prosecutrix. During investigation the investigating officer came at the place of occurrence of offence at village Poonakhedi. Spot map prepared. Ramchandra Lodhi relative of the prosecutrix is residing in his hut, which is 150 ft. from the place of occurrence. His statement was recorded. He is his statement stated that the prosecutrix and her husband shifted from the village and presently residing at Basoda and they gave their agriculture land on lease to one Anant Singh and he had no knowledge about the incident of rape. Statement of Man Singh Lodhi was also recorded. He pleaded his ignorance about the incident. Statement of one Harikrishan was also recorded, whose agriculture field is about 1.00 ft. from the place of the incident. He also pleaded his ignorance about the said incident. Investigating Officer also enquired about the incident from the villagers of Poonakhedi.