RAJESH PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure has been filed by the appellant/accused challenging the judgment dated 27.1.2007 passed by the Additional Judge to the Court of Additional Sessions Judge, Mauganj, District Rewa, in ST No. 9/2006 convicting him for the charge under Section 376(2)(f) of the Indian Penal Code (in short 'IPC') and sentencing him to undergo imprisonment for life and fine of Rupees one lakh. In default of deposit of fine, additional rigorous imprisonment for five years.

(2.) The case of the prosecution is that the prosecutrix, aged about 7 years, was living with her grand mother Duasiya (PW-7) in village Rajgama. The father of prosecutrix was in the employment at Daman and Diu. Mother of prosecutrix had already expired. As the grand father of the prosecutrix was working in Rajya Priwahan Nigam, therefore, he was living at Rewa. As the house of the prosecutrix was in front of the house of Rajesh Patel (appellant/accused), she used to go to play in the house of appellant/accused with his children. On 16.9.2005 at about 10.00 O'clock prosecutrix had gone to the house of appellant. After about an hour at 11.00 O'clock, the prosecutrix came back crying to her house. When she came back to the house, her underwear was smeared with blood and blood was oozing from her private part. She was also complaining pain on her private part. On asking Duasiya (PW-7), prosecutrix narrated all the story to her alleging allegation of commission of rape on the appellant Rajesh Patel. Duasiya (PW-7) explained the act of appellant to Babbu Shukla and the wife of Bhola. Thereafter, appellant, his father Vanshpati and nephew Chintu came to the house of Duasiya (PW-7) with a doctor for treatment of prosecutrix and, after treatment, Chintu threatened them for dire consequences if the report is lodged. Duasiya (PW-7) informed about the incident to her son. Thereafter when her son and Phoolkali came back to the village, on the next day on 17.9.2005 they alongwith Sarpanch Umesh Patel, Secretary Shyam Sunder Patel and other persons of the village went to the police station and lodged the report. The prosecutrix was sent for X-ray and medical examination which was done at Rewa. The police prepared the spot map. The appellant-accused was arrested on 26.9.2005. The medical examination of the accused was also done. The underwear of the accused was seized from his house as well as received from the hospital alongwith the slide and the seized articles were sent to FSL for examination. The other necessary seizures were also made and sent to FSL for examination. Accused Pintu was also arrested and offence under Section 201 of IPC was registered against him. Thereafter investigation was completed.

(3.) After completion of investigation challan was filed in the competent court. As the case was triable by the court of sessions, therefore, it was committed to the court. The sessions court framed the charge against the appellant Rajesh Patel under Section 376 (2)(f) of IPC.