MUKHTAR MOHAMMAD Vs. STATE OF M P

JUDGEMENT

(1.) This appeal was decided by this Court on 22.01.2004. State of M.P. by way of Special Leave filed Criminal Appeal No.992/06 before Apex Court. Apex Court allowed the appeal on 22.09.2006. The order of this Court was set aside and the matter was remitted back for a fresh decision in accordance with law.

(2.) This Criminal Appeal under Section 374(2) of Cr.P.C. has been filed being aggrieved by the Judgment, finding and sentence dated 22.01.2003 passed by III Additional Sessions Judge (Fast Track Court), Raisen in Sessions Trial No.178/99, whereby the appellant has been convicted under Section 376 of I.P.C. and sentenced to 5 years R.I. and a fine of Rs.2,000/-in default 6 months S.I.

(3.) Prosecution case in short is that on 08.06.1999 victim (PW-1) aged 20 years was sleeping in a room of her house. At about 00:30 a.m. in night appellant entered in her room, sat on her bed and committed rape. She cried. He ran in naked condition leaving his clothes. She caught his penis and caused injury by knife. On hearing cries, her husband and father-in-law came there. Quarrel in between them took place out side the house. Report was lodged on 09.06.1999 at 3:30 a.m. at police station Raisen wherein the crime No.118/99 under Section 376, 450 and 323 of IPC was registered against the appellant. She was sent for medical examination. Doctor opined that rape has been committed. Her salwar and slide were seized. Underwear and Baniyan of the appellant which he left there were also seized. Map was prepared. Appellant was arrested on 16.06.1999. He was also medically examined. Accordingly, it was found that temporarily he was not able to perform sexual intercourse on account of injury and swelling on his penis but in absence of the wound and swelling he was able to perform sexual intercourse. Slide of the appellant was also seized. The seized articles were sent to the Director, F.S.L., Sagar from where the report received. Accordingly semen and spermatozoa were found on article-A, B-1, B-2, C, D-1 and D-2. After completing the usual investigation, charge sheet was filed in the Court of C.J.M., Raisen from where the case was committed to Sessions Court for trial.