MOHANLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Present appeal is directed by the appellant under Section 374 (2) of the Cr.P.C., against judgment dated 20/05/1999 passed by Additional Sessions Judge, Manasa, District-Neemuch in S.T. No. 86/1998, whereby the appellant has been convicted for the offence under Sections 366 and 376 of the IPC and sentenced to undergo RI for 3 years and 7 years and to pay fine of Rs.2,000/- for each offence respectively with usual default stipulation.

(2.) In short the prosecution story is that on 23/02/1998 at about 9:30 p.m., the prosecutrix alongwith her mother-Bhagwanti Bai went to the house of one Mohanlal Balai situated at Village Hathuniya for watching television programme. At about 10:30 pm mother of the prosecutrix returned back to her house and the prosecutrix remain stayed at the house of Mohanlal alongwith his daughter Radha. After sometime, when she was returning to her house, appellant/accused met her on the street and after seeing the prosecutrix he told her to go with him and he caught hold the hands of the prosecutrix and pressed her mouth. When the prosecutrix tried to shout, the appellant threatned that if she will raise any alarm, then he would kill her. After that, the appellant took the prosecutrix to the khaliyan of village Barlai, where he committed rape with her. Thereafter, the prosecutrix started crying, appellant assured her that he will marry with her. Then on the same night, he again committed sexual intercourse with the prosecutrix. Next morning, appellant took the prosecutrix to Village-Badkua and sat her in culvert. In the night of 24/02/1998, appellant twice committed rape upon the prosecutrix. In the morning of 25/02/1998, when the prosecutrix and the appellant were washing their mouth and hands on the well at the time some persons of the village Badkua came there and they interrogated them and thereafter, they took them to the house of village Sarpanch-Gangaram. Looking to the tender age of the prosecutrix, Gangaram sent both of them to Police-Station-Manasa with village Chowkidar- Ishaq Mohammad, however, in the Manasa, Chhotu and Mohan Das resident of village Hathiniya met them and they took the appellant and the prosecutrix to Police-Station Kukdeshwar, where the prosecutrix has lodged the FIR (Ex. P/1) against the appellant for the commission of offence punishable under Sections 363, 366 and 376 of the IPC. The prosecutrix and the appellant were sent for medical examination, where X-ray examination of the prosecutrix was also conducted for verifying her age. Police recorded the statement of the prosecutrix and other witnesses and the appellant was arrested. Clothes of the prosecutrix and the appellant were received from the hospital under sealed cover and the same were sent by the Police to FSL for chemical analysis. After completion of the investigation, charge-sheet was filed before the Court of Judicial Magistrate Manasa, District- Neemuch, who committed the case to the Sessions Court and ultimately it was transferred to the Court of Additional Sessions Judge, Manasa, District-Neemuch.

(3.) The trial Court framed the charge for offence under Sections 363, 366 and 376 of the IPC against the appellant. The appellant abjured his guilt and took a plea that he has falsely been implicated in the present offence. He took a defence that the prosecutrix herself came to his house and she went with him on her own accord and he has not committed rape with the prosecutrix. When they reached at Village Badkua, they were caught by the villagers, then the prosecutrix has lodged the FIR against the applicant. However, he has not examined any witness in his defence.