MOHAMMAD ASLAM Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant Mohd. Aslam has preferred the appeal being aggrieved by the impugned judgment dated 25-6-94 passed by the First Additional Sessions judge, Chhindwara in Sessions Trial No. 88/93 whereby the appellant has been convicted under Sections 376, 363 and 366 of i. P. C. and sentenced to undergo seven years r. I. and fine of Rs. 500/- in default 2 months R. I. , 2 months R. I. and fine of Rs. 200/- in default 1 month R. I. and 3 years r. I. and fine of Rs. 200/- in default 1 month r. I. respectively.

(2.) THE case of the prosecution in short is that prosecutrix (PW-9) resides with his father Nandlal (PW-1) and mother, kamlawati (PW-4 ). On 6-2-93, Nandlal and kamlawati were out of village, Singori in respect of their business of oil, prosecutrix and her sister Anusia (PW-7) were at home. On 6-2-93, prosecutrix and her sister Suia alias anusia went to wash the clothes on the well of Davendra Singh Seth which was situated on Rajola road. Anusia was fetching water from the well and prosecutrix was washing the clothes. The appellant accused Aslam reached on spot and took the prosecutrix on bicycle towards Badegaon thereafter he took the prosecutrix on bicycle to Shivpuri and then by truck to Sarni. They reached sarni at about 11 'o clock in the night and they stayed in the Aslam's house. On 7-2-93, Aslam took a house on rent at Sarni and shifted along with the prosecutrix in the rented house. Everyday the appellant committed sexual intercourse with the prosecutrix. Prosecutrix asked the appellant to leave her to parents house, but he did not take her to parents house. The appellant took the prosecutrix to Betul to perform court marriage, but it was not materialised. Anusia came to the house and told his brother-in-law, Prakash (PW-8) that Aslam has taken prosecutrix on bicycle. Prakash informed the parents of prosecutrix in this respect, they searched prosecutrix and lodged report exhibit P- 15c in police chowki Singori. Thereafter the prosecutrix was recovered from the possession of the appellant and she was brought in police Chowki, Singori. Panchanama Exhibit P-12 was prepared, one underwear and salwar of prosecutrix were seized as per seizure memo Exhibit P-9. Prosecutrix was medically examined by Dr. Smt. P. Chhada (PW-3 ). She could not give any definite opinion in respect of commission of sexual intercourse with prosecutrix as per Exhibit P-5. We prepared two slides from the vaginal smear of prosecutrix, sealed them and handed over to police. Sealed slides were seized as per seizure memo exhibit P-7, spot map Exhibit P-8 was prepared, one school certificate Exhibit P-11 of prosecutrix was seized as per seizure memo exhibit P-10. One Dakhil Khariz Registrar of Primary Girls School, Singore was seized as per seizure Exhibit P-14. The appellant was arrested, he was examined by Dr. R. K. Sharma, he found the appellant competent to perform sexual intercourse as per report exhibit P-3, he prepared slide from the semen of the appellant and slide was handed over to police, sealed semen slide was seized as per seizure memo Exhibit P-6. After completion of investigation, the appellant was charge-sheeted, case was committed to court of Session for trial.

(3.) LEARNED Trial Court framed charges under Sections 363, 366 and 376 of I. P. C. The appellant adjured the guilt and pleaded innocence and false implication. His defence is that on 6-2-93, he was on his photo-frame shop.