STATE OF MADHYA PRADESH Vs. RAJESH SINGH

JUDGEMENT

(1.) In the instant appeal, a challenge has been made to the order dated 26-11-1999, passed by First Additional Sessions Judge Katni in S.T.No.347/1997,whereby the accused/respondent has been acquitted for offence punishable under Section 376(2)(f) of IPC.

(2.) The prosecution case in short is that the prosecutrix is aged about 9 years old and is student of Class-III. When she had gone to fetch water from the tap, the accused had taken her in lap to the house of Arun Sahu. There was no one in the said house. He had shut the door. He had given Rs. 10/- and thereafter thrust his private part to her hands and also kissed her. It is further alleged that he had removed her undergarments and asked her to offer more money. He rubbed his hands on her vaginal part. When the prosecutrix tried to run away from the room, he shut the door and told her to insert his private part into the private part of the prosecutrix. When the prosecutrix shouted her father Gulab Singh had come. The accused had gagged her mouth and threatened her to kill. Thereafter the door was got opened by her father and she had come to the house alongwith her father. The entire incident was narrated to her mother and also maternal uncle. Thereafter her father Gulab Singh and maternal uncle Ajay Singh lodged report in the police station. The report was lodged by the prosecutrix herself vide Ex.P-9. On her report Crime No.203/1997 was registered at Police Station Katni. With the consent of the guardians, the prosecutrix was sent for medical examination. A specific query was also made by the police that whether there was actual penetration in the private part of the prosecutrix or not. The Doctor opined that there was redness near the private part of the prosecutrix but there was no penetration . The query report is Ex.P-3A.

(3.) The investigation was carried out. Site plan was prepared. The birth certificate of the prosecutrix is Ex.P-1 Her undergarments were seized vide Ex.P-5. Her vaginal slide is Ex.P-9. Thereafter the accused was arrested and was sent for medical examination. His undergarments were also seized and slide was prepared vide Ex.P-8. Finally the report was lodged by the police for commission of offence under Sections 354, 342 and 506-B of IPC but thereafter a written application was submitted by the father of the prosecutrix and on the said application offence under section 376 of IPC was registered.