PRATHVI ALIAS PRATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 07-12-2009 passed by learned Special Judge (SC/ST Act), Guna in S.S.T.No.30/2009 whereby the appellant has been convicted of the offence under Sections 376, 342 and 450 of IPC and sentenced to 7 years RI with fine of Rs. 2,000/-, 6 months RI and 3 years RI with fine of Rs. 500/- and in default of payment of fine 6 month's additional imprisonment.

(2.) Case of the prosecution in short is that on 12-02-2009 when prosecutrix (PW-10) was at her home along with her sisters and brother and her parents were out of the home because of labour work, at about 2:00 pm appellant/accused came and committed rape over the prosecutrix (PW-10) who was deaf and dumb and mentally retarded. According to prosecution case, the appellant was caught hold by mother of the prosecutrix Pana Bai (PW-2) on spot when she reached at her house but he by pushing her, ran away from the spot. After such incident, mother of the prosecutrix Pana Bai (PW-2) informed her husband Ishwar on cellphone. Thereafter, they went to Police Station Bamouri to lodge the report of the matter but the officials of aforesaid Police Station asked them to come with prosecutrix. Thereafter, they went to AJK Police Station, Guna where the FIR was registered at crime No.02/2009 for the offence under Sections 376, 454, 342 of IPC and under Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Prosecutrix was sent for her medico legal examination. Dr. Sharda Bhola (PW-1) examined the prosecutrix and gave her report Ex-P/1. She found no internal or external injury over the body of prosecutrix. Doctor prepared two slides of vaginal swabs and also obtained clothes of the prosecutrix. After seizing such articles, those were given to the concerned constable for the purpose of forensic science examination. Those articles were sent to the Forensic Science Laboratory, which gave a report ExP/15 and opined that sperm and semen particles were found on the slide as well as on undergarments. After due investigation, the charge-sheet was filed before the Court of JMFC, Guna who committed the case to the Court of Sessions and ultimately it was transferred to Special Judge (SC/ST Act), Guna.

(3.) After filing of charge-sheet, case was committed to the Court of Session. The appellant/accused abjured his guilt. The trial was conducted. On behalf of prosecution, 13 witnesses were examined and on behalf of defence no witness was examined. Trial Court after considering the evidence convicted the appellant as referred above, therefore, this appeal.