DHANNALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant / accused has preferred this ap- peal under Section 374 (2) of the Code of Criminal Proce- dure, 1973 (for short, the Code) against impugned judg- ment dated 14.10.1999 passed by Additional Sessions Judge, Sardarpur, District Dhar (MP) in Sessions Trial No.202/1999, whereby the appellant has been convicted for commission of offence punishable under Section 376- A read with Section 511 of Indian Penal Code, 1860 and sentenced to undergo three years rigorous imprison- ment.

(2.) It is an admitted fact that the prosecutrix is a deaf and dumb minor girl.

(3.) The prosecution story, in short, is that on 14.04.1999 at about 10.30 AM, complainant Kailashibai w/o Champalal, Resident of Village Gondi Khera Thakur, Police Station Razod, District Dhar (MP) lodged a report at Police Station Razod, District Dhar (MP) to the effect that on 12.04.1999 she went to Razod for treatment of her son; at about 05.00 PM, when she returned back to her house, her minor daughter (victim) informed her by sign language (deaf and dumb alphabet) that the victim along with her younger sister Savita and Sagribai d/o Ratanlal Javi went to collect cow-dung cake, at that time, accused Dhannalal came there and he took the victim to the hut situted in the field of Janu and committed rape with her. Savitabai and Sagribai also confirmed her ver- sion. On the basis of the aforesaid report, Police regis- tered First Information Report bearing Crime No.33/1999 for offence punishable under Section 376 of the Indian Penal Code, 1860 against Dhaniya s/o Kalu Bhil; sent the prosecutrix for medical examination; and after medical examination, her ossification test was also conducted for determination of her age, in which, her age was found to be 16-18 years. The Police visited the spot; prepared spot map; and also recorded statement of the witnesses. Thereafter, the police arrested the appellant / accused and sent him for medical examination. The po- lice also collected clothes, pubic hair and vaginal / semen slide of the prosecutrix and accused; and sent it to Re- gional Forensic Science Laboratory, Indore for chemical analysis. After completion of the investigation, charge sheet was filed before the Court of Judicial Magistrate First Class, Sardarpur, District Dhar (MP), who commit- ted the case to the Sessions Court, which was finally transferred to the Court of Additional Sessions Judge, Sardarpur, District Dhar (MP) for its trial.