GOVIND SAINI Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 24/04/2015, passed by Special Judge & Additional Sessions Jude (SC & ST, Prevention of Atrocities Act), Guna in Special Sessions Trial No.43 of 2014, by which the appellant has been convicted and sentenced as under :

(2.) It appears that the appellant was never granted bail during trial as well as during appeal and he is in jail.

(3.) According to the prosecution case, on 23/04/2014 at about 08:00 am, a guminsaan report was lodged by Gajananda Bunkar to the effect that on 22/04/2014 at about 12:00 pm, the prosecutrix and her younger sister Kamla Bai had gone to market for selling tomatoes from where the prosecutrix went away without informing anybody. An enquiry was conducted and the prosecutrix was recovered. The prosecutrix informed that on 22/04/2014 the appellant allured her of performing marriage and took her to his house and committed rape on her. Accordingly, FIR in Crime No. 117/2014 was registered for offence under Sections 363, 366, 376, 506 of IPC and Section 3(1)(xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The copy of the FIR was sent to JMFC, Raghogarh. During investigation, the school admission register of the prosecutrix and her caste certificate were seized. Her recovery pachnama was prepared. She was handed over to the custody of her father. Spot map was prepared. The mark sheet of the prosecutrix of education session 2011-12 was seized. The prosecutrix was sent for medical examination and her MLC report [MLC report is Ex.P12 (by mistake, it has been marked as Ex.P12, therefore, for the sake of clarity, the MLC report Ex.P12 would be referred as MLC report Ex.12-A)] was obtained. The vaginal slides, swabs and clothes of the prosecutrix were seized vide seizure memo Ex.P13. The appellant was arrested vide arrest memo Ex.P13 (by mistake, it has been marked as Ex.P13, therefore, for the sake of clarity, the arrest memo Ex.P13 would be referred as arrest memo Ex.P13-A). The appellant was sent for medical examination. Requisition is Ex.P8 and his MLC report is Ex.P8A. The underwear, slides etc. of the appellant were seized vide seizure memo Ex.P9. The seized articles were sent to FSL, Gwalior vide memo Ex.P14 and the FSL report is Ex.C1. The statements of the witnesses were recorded and after completing the investigation, the police filed the charge sheet under Sections 363, 366, 376 and 506 of IPC as well as under Section 3(1)(xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and under Section 4 of POCSO Act, 2012.