PRAHLAD MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in these appeals is to the judgment dated July 13, 2009 of the learned Special Judge, Women Atrocities & Dowry Cases, Kota, whereby Mukesh Yogi, Prahlad Meena and Mohan Lal, the appellants were convicted and sentenced as under: -

(2.) HEARD learned counsel for the parties and perused the material available on record. In his evidence before the trial court Prakash (Pw. 1) father of the prosecutrix stated that when his daughter Jyoti did not return home on 31 -7 -2005 till 8 PM in the evening on return from work, he went looking out for his daughter at Gaurav mess. He was told by the In charge of the mess that Jyoti in fact had left the mess at about 12 O' clock earlier in the day. He subsequently met appellant Mukesh's aunt Lad Kanwar, who told him that Prahlad, Mukesh and Uma Shankar had spirited Jyoti away. He stated that he then lodged a report at Police Station Vigyan Nagar Kota, where upon FIR came to be registered on August 5, 2005.

(3.) APART from the aforesaid prosecution witnesses, the prosecution relied upon Ex. P -7, which was the medical examination of the prosecutrix. The medical examination showed that apart from two minor injuries neutral on the issue of rape no other external injury indicative of rape was found on the person of prosecutrix. The hymen of the prosecutrix was found old lacerated and she appeared to be used to sexual intercourse. The Doctors opined that no opinion could be given with regard to recent sexual intercourse, Blood, saliva, vaginal swab and vaginal slide were taken of the prosecutrix for chemical analysis. However no FSL report appears to have been received or relied upon by the prosecution in the trial court.