MANOHAR Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Present appeal has been filed against the judgment of conviction dated 12.12.2012 passed by the Sessions Judge, Mandleshwar (West Niman), Madhya Pradesh in Session Trial No. 15/2012.

(2.) The facts of the case reveal that on 29.11.2011, the prosecutrix, PW 3, aged about 15 years, as she was unwell, did not go to school and her father-Nannu PW-4 and mother-Umabai WP-5 went to the field and her younger brother Pramod went outside of the house to play and at that point of time, at 12 O'clock in the noon, the appellant-Manohar Rajpoot entered the house and locked the house from inside and forcibly committed rape upon the prosecutrix. She was threatened also and she was told not to tell the incident to any one, however, when her parents came back to the house in the evening, the entire incident was reported to the parents by the girl and on the same day, report was lodged with the police at crime No. 0127/11 for offence under Section 452, 376 and 506 Part II of IPC.

(3.) The matter was investigated by the Sub Inspector-Narendra Gome PW-8 and he obtained consent from the father of the prosecutrix for subjecting the prosecutrix for medical examination Ex. P-5 and she was immediately sent to Primary Health Center, Kasrawad for medical examination. Dr. Amita Pandey, PW-7 on 30.11.2011 has examined the prosecutrix and prepared a slide of vaginal fluid. The spot map was prepared by the investing officer-Narendra Gome and the slide prepared along with the clothes of the prosecutrix was sent for forensic examination. The accused was arrested on 01.12.2011 and he was subjected to medical examination and Dr. Rakesh Patidar PW-1 conducted the medical examination Ex. P-2 and the accused was found to be medically fit to do sexual intercourse.