GOGE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant, being aggrieved by the judgment dated 22.05.2008, passed by Sessions Judge, Shahdol in S.T. No. 307/2007, whereby the appellant has been found guilty for the offence punishable under Sections 450, 376 and 506 (II) of the Indian Penal Code and has been sentenced to rigorous imprisonment for five years and fine of Rs.1,000/-, under Section 450 of the I.P.C. with a stipulation for six months rigorous imprisonment in case of default, rigorous imprisonment for life and fine of Rs.1,000/- under Section 376 of the I.P.C. with a stipulation for six months rigorous imprisonment in case of default and rigorous imprisonment for one year under Section 506(II) of the I.P.C.

(2.) Prosecution case in brief, is that, prosecutrix (P.W.-4) is a widowed lady and living with her mentally challenged son in village Dhanpuri, Police Station Burhar. On 28.04.2007, she went to sleep after taking dinner. Around 12 to 1 A.M. she went to the courtyard to urinate and thereafter when she was closing the door, her neighbour entered into her house and forcibly threw her on the cot and committed rape on her, when prosecutrix attempted to shout, accused pressed her mouth and threatened her with a bana (iron thrishul). After committing the rape, accused ran away. She has further stated that at that time her mentally challenged son was sleeping in another room. The prosecutrix (P.W.-4) in the morning went to the Sarpanch of the village, Gudiyabai (P.W.-1) and narrated the incident to her. Thereafter, she went alongwith Tulsidas, Gullu Maharaj and Balakram to lodge the FIR at P.S. Burhar, which was registered as Ex. P-1.

(3.) The prosecutrix (P.W.-4) was examined by Dr. Reena Gautam (P.W.-5), who found injuries in the vagina of the prosecutrix. As per Dr. Reena Gautam (P.W.-5), there was penetration to vagina within 24 hours of her examination. Dr. Gautam (P.W.-5) has also prepared the slides of vagina, which was sent for chemical examination and the report of the Chemical Examiner in this regard is Ex.P-9. As per the report of the chemical examiner, there was stains of semen and spermatozoa on the sari and the vaginal slides of the prosecutrix.