SAKARIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has been convicted under Section 376, IPC and sentenced to undergo R.I. for seven years with a fine of Rs. 500/- or in default, to suffer four months R.I., by the Third Additional Sessions Judge, Alirajpur, Dist. Jhabua, in Sessions Trial No. 12 of 1985, vide his judgment dated 23/04/1985.

(2.) Prosecution case was that on 13-91984, the prosecutrix Surli-P.W.1 with her 'Derani' Anbai-P.W. 5 and Devar (brother-in-law) Surla had been to the jungle of Atibayeda for collecting fire-wood. Around 3 p.m, she called Anbai and Surla, but as none responded, she proceeded home with a' Moli' - a bundle of fire-wood. While she was passing through 'Khodari', it is said that, the accused along with Dungariya, Idla and one young boy, followed her. She was asked to stop. The prosecutrix parried as to why she should stop? It is said that, the accused expressed his desire to have intercourse with her. She was caught by the accused, Shankariya while Dungaria and Idla persuaded him to leave the prosecutrix, but he did not yield to their persuasions. Returning home, she reported to her husband and father-in-law and mother-in-law. It is said that the hour being late, the report Ex. P. 1 was lodged by her next day morning at 9 a.m. She was sent for medical examination. Ex. P. 3 is the report given by lady Dr. Gavali-P. W. 6. The radiologist, to whom she was referred, found her about 18 years of age and the trial Court has also recorded her apparent age as 22 years. There is no dispute about age in this case.

(3.) On completion of investigation, the accused was tried for the above offence and sentenced, as stated above, hence this appeal.