MAGIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Magiya has filed this appeal against the judgment dated August 11, 1978 of the learned Additional Sessions Judge, Sirohi, by which he convicted the accused/appellant under section 376, Indian Penal Code and sentenced him to Five Years rigorous imprisonment and fine of Rs. 200/- and in default of payment of fine, to further undergo rigorous imprisonment of four months.

(2.) The prosecutrix Mst. Kasu was only nine years of age when she was ravished by the accused, who is alleged to be of 40 years of age. According to the medical evidence, such injury can be caused by fingering also if the finger has got nails, as there was lacerated wound on posterior for nix of vagina. It was swollen but not ruptured. P.W. 7 Dr. S. P. Purohit has testified that there was lacerated wound on left side of vagina adjacent to hymen and fresh blood was oozing onto According to the medical evidence, forcible sexual intercourse was committed with this girl within six hours of her medical exanimation. There was another injury on the lips, which was possible by teeth bite.

(3.) On a thoughtful consideration of the entire evidence including the evidence of the prosecutrix and the medical evidence, I am of opinion that the allegation of rape is well proved. The girl is of very tender age and the rape on the girl of such a tender age by an adult of 40 years is most reprehensible and barberic. There is, therefore, no scope for having any leniency or taking liberal view, which if taken, in my view, would tent amount to abatement of such heinous offence is slur against the society and womanhood as a whole and which deserves most deterrent punishment.