STATE OF MADHYA PRADESH Vs. TULSIDAS

JUDGEMENT

(1.) The State is in appeal against acquittal of the respondent in respect of the offences punishable under Sections 376(1) and 450 of the Indian Penal Code. The corresponding judgment was passed on 24.08.1999 by Sessions Judge, Sidhi in S.T. No.09/1999.

(2.) The prosecution case in brief is that on 11.09.1998 at about 12 midnight, the prosecutrix (PW1), a girl aged about 13 years, was sleeping in a room of her house along with her younger sister Priti Soni (PW2) and one Rajendra Prasad Vishwakarma (PW10), a boy aged about 14 years, was asked by mother of the prosecutrix Pushpa Soni (PW3) to sleep along with them as she had to go to her maternal uncle's home. At that time, the respondent/accused entered into the room and threw Priti on the ground and when the prosecutrix tried to raise alarm, the respondent tied a cloth in her mouth and forcibly committed sexual intercourse with her. At that juncture, as Rajendra Prasad (PW10) woke up, the respondent hide himself in the room and upon switching on the lights of the room, they identified the accused. Thereafter, the respondent fled away. On the next morning, the prosecutrix narrated the incident to her Aunt Saroj Soni and one Chandravati Vishwakarma. On this, they said let your mother come first. The incident was narrated to her mother Pushpa Soni (PW3) upon her returning home on 13.09.1998.

(3.) An FIR (Ex.P/1) for an offence punsihable under Sections 452 and 376 of the IPC was lodged by the prosecutrix on 14.09.1998 at Police Station Churhut District Sidhi. The prosecutrix was referred to the District Hospital for her medical examination. Dr. Smt. Kalpana Ravi (PW11) while expressing her opinion that there is some possibility of having attempt to commit rape on the prosecutrix, prepared two vaginal slides of the prosecutrix and preserved it for confirmation of the factum of sexual intercourse and also preserved her underwear, which is said to have been worn by the prosecutrix at the time of incident in question, for chemical analysis. She also found that hymen of the prosecutrix was not ruptured and no bleeding was found on her private parts. She also advised for radiological examination in order to determine the age of the prosecutrix. On the basis of ossification test, the age of the prosecutrix was determined as near about 16 years.