STATE OF M.P. Vs. RAJLALAN SINGH

JUDGEMENT

(1.) Challenge in the present appeal is to a judgment passed by learned First Additional Sessions Judge, Satna in S.T. No. 80/1991 (State of M.P. v. Rajlalan Singh @ Raja), dated 7.2.1996 whereby the accused-respondent was acquitted of the offence punishable under section 376 of the Indian Penal Code.

(2.) The prosecution charged the respondent-accused for an offence under section 376 of IPC, for violating prosecutrix of 13 years on 5.4.1991.

(3.) The prosecution process was initiated on the basis of report by the prosecutrix (PW7) who came to the Police Station Nagod along with her father Vishnudeo Pandey at about 5:35 p.m. The statement is that the accused came to their house and asked for mother of the prosecutrix and also asked her to fetch water for him. She went inside to get water but the accused came along with her and shut the door. He pushed her and pressed her mouth by one hand and stated that if she creates noise he will kill her. He then removed her Sal war and underwear and forcibly committed intercourse. She was in pain and raised noise. Her father came from Satna and knocked the door. The accused left her and escaped. While escaping Sharda Prasad Mishra, Kallu Dheemar, Sanjay Bari and her aunt Ramkali who lives behind her house, have witnessed the accused running away. On the basis of such report, an FIR (Ex.P-2) was recorded. The prosecutrix was medically examined by Dr. Sudha Jain (PW9) on 6.4.1991 at about 1:15 noon.