STATE OF MADHYA PRADESH Vs. JAISINGH

JUDGEMENT

(1.) The present appeal is filed under Section 378(3) of the Code of Criminal Procedure against the order dated 22-09-1997, passed by the First Additional Sessions Judge, Sagar in S.T.No.249/97, whereby the accused person has been acquitted from the charges under sections 366-A and 376(1) of I.P.C.

(2.) The prosecution case is that the accused had committed rape with the prosecutrix between the period from 30-04-1997 to 03-05-1997. It is admitted fact that the prosecutrix and the accused person are residents of the same village. It is alleged that on 30-04-1997, the accused asked prosecutrix and her friend to accompany him to go to the city and also asked them to bring ornaments and cash amount otherwise he will kill the family members. The prosecutrix had taken ornaments from the house and also cash amount of Rs. 3000/- and they accompanied the accused from village Bamhori Bika to village Berkhedi and thereafter from that place they went to Narsingpur by bus in the night at 2 A.M. and they stayed in a room of Auto man. It is alleged that in the room, the accused had committed rape with the prosecutrix against her consent and will. It is alleged the he also committed rape with her friend. On the next day they had come to Jabalpur by bus and purchasing was done at Jabalpur. It is alleged that in the night again in a field, he committed rape with the prosecutrix and her friend. On the next day, they went to Sagar from Jabalpur and in the night they reached at Kudari and stayed in the courtyard of the house of the accused where the accused is again said to have again violated the prosecutrix and her friend. On the next day i.e. 03-05-1997 the accused had taken both of them to maternal uncle of the prosecutrix at village Makronia. From there one Mohan Singh is said to have taken all these three persons to village Bamhori Bika. It is said that on the way to return, the accused fled away.

(3.) On 04-05-1997, the report was lodged at Police Station Surkhi. The report is Ex.P-2. In the meantime, report regarding missing of the prosecutrix was lodged by her father Govind on 01-05-1997. Her missing report is Ex.P-13 and her father was examined as PW-1. The prosecutrix was examined by Dr. Shashi Thakur (PW-9). She did not find any injury on her person. She opined that no definite opinion can be given about the rape. For confirming of age, she referred her to Radiologist. Dr. Jinesh Diwakar (PW-8) deposed that the age of the prosecutrix is between 14 to 16 years and she was found to be physically grown up. In FSL report, the semen was found on the undergarment of the prosecutrix but there was no semen on the vaginal slide of the prosecutrix.