NAGAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred this criminal appeal under section 374(2) of Cr.P.C against the judgment dated 22/01/2002 passed by Additional Sessions Judge, Kukshi, District-Dhar in Session Trial No.65/2001, whereby the appelalnt No.1 Nagar Singh has been convicted for the offence punishable under sections 363, 366(A) and 376 (2)(g) of IPC and sentenced to undergo R.I for seven years for each offence and to pay fine of Rs.500/- and Rs.1,500/- for the offence under Sections 366(A) and 376(2)(g) of the IPC respectively with usual default stipulation, where as appellant No.2 Bai Singh has been convicted for the offence punishable under Sections 363 and 366(A) of the IPC and sentenced to undergo RI for seven years for each offence and to pay fine of Rs. 500/- for the offence under Section 366(A) of the IPC with usual default stipulation.

(2.) Brief facts of the case are that the prosecutrix is aged about 14 years came to house of her maternal uncle situated at Village-Bagoli alongwith her mother. On 21/09/2000, the prosecutrix was found missing, her missing report was lodged at Police-Station-Tanda and on that basis police registered missing report No. 11/2000. Enquiry was handed over to Head-Constable- Harchand. On 27/09/2000, the prosecutrix, came back to her house situated at Village-Jhirpanya, Police-Station-Bagh District-Dhar and she disclosed that on 21/09/2000, at about 5:00 a.m., when she was going from Bagoli to Tanda Semaliya, appellants Bai Singh and Nagar Singh caught her and took her to forest, where, appellant No.1-Nagar Singh committed rape upon her. He assured to marry her and on this pretext he repeatedly committed sexual intercourse with her. Thereafter, the mother of the prosecutrix went to police-station-Tanda and police recovered her and prepared recovery panchnama (Ex. P/10). She was sent for medical examination to Primary Health Center, Bagh from where she was sent to District Hospital for ossification test, in which her age is found between 17 to 18 years.

(3.) During investigation police visited the spot and prepared spot map (Ex. P/14). Police recorded the statement of the prosecutrix and other witnesses. Police arrested the appellants and sent them for medical examination. Clothes and vaginal slide of the prosecutrix and semen slide of the appellants were seized by the police in sealed packets. Seizued articles were sent for chemical analysis to Regional Forensic Science Laboratory, Rhow, District- Indore. Police obtained the scholar register of the prosecutrix to proved her age. After completion of the investigation, charge-sheet was filed in the Court of Judicial Magistrate First Class, Kukshi, who committed the case to the Court of Sessions, which is ultimately transferred to the Court of Addtional Sessions Judge, Kukshi, District-Dhar.