MADAN @ MADNIYA @ SHEOPAL BAWARIYA Vs. STATE OF RAJASTHAN,

JUDGEMENT

(1.) Criminal law was set into motion when Ramdev (PW-4) went to Police Station Gudha, District Jhunjhunu at 9.30 P.M. on 002003 and informed that he was a resident of Rohi Mauja and was residing there with his wife Mohini, his grand daughter (prosecutrix), aged 9 years, daughter of Shankar Lal, who was his brother and at around 10.00 in the morning the prosecutrix left to graze goats in the company of a few girls and went towards stream. At around 5.30 in the evening Suman (PW-8) came and informed that one Bawariya had abducted the prosecutrix. Accompanied by 3-4 persons he ran towards the stream and saw the Bawariya whose name was Madaniya (the accused), who used to work in their fields was attempting to run away on seeing them. Salwar which prosecutrix was wearing was not there. She was crying and bleeding from her private parts.

(2.) Investigation was immediately taken over by the SHO of the Police Station, Gopal Singh (PW-13) who proceeded to the spot and recovered a green colored Salwar as recorded in the seizure memo Ex.P-8 which was witnesses by Mangla Ram(PW-10). He took custody of the prosecutrix and took her for medical examination to the Government Hospital, Gudha where Dr. Rajesh Barupal (PW-1) in the company of Dr. Smt. Rajkumari examined the prosecutrix at 9.15 P.M. and recorded the MLC Ex.P-1. The same records as many as seven abrasions on the body of the prosecutrix. Three abrasions are around the right and the left nipple and the other are on the back (lumbar region), elbow and the lateral aspect of the thigh.

(3.) Gopal Singh thereafter recorded the statement of Mohini (PW-5), the prosecutrix (PW-6), Sanjana (PW-7) and Suman (PW-8). He drew up the Site Plan Ex.P-9.