CF000005961 8 Cg m THE HIGH COURT OF JUDICATUBE AT JABALPUR CR. APPEAL No . \ 3 ‘53 % OF 1998 Makhan Singh alias Manna ; son of Jugla Gond,aged 35'. é years , resident of ‘J'hagrakhand , / P..S. Gorjela, Distrgct BilaSpur,MP .. APPELLANT“ (INJAIL) VS. TEE ETATE OF MADHXA PRADESH . . RESPONDliNT A gRnvllmuAL 'A?PEAL UNDEE SECTION 37%; OF Tm CR mmAL PROCEDURE 003E. 901W ICT EON : SEILQTiiMCE /" U/s 376 IPC. R.I.for 7 yearS and fine of Rs. 1000/-. In default, R.I.for‘ one m year . U/sk5o IPC. .. R.I.for 3 years and fine of Rs’.’5e§’:7‘}‘ 1W3? in default, R.I.for 3 months“ FtleJ mm.-. Zifijjénumu. U/s 323 IPC'. , B.i.1""or six months and fine of R3500/-,. In default,R‘.I.for 3 m‘JwWuw months . ”a“ ImIdaAIIILHMIMwEW _ HIGH COURT OF CHHATTISGARH AT BILASPU‘R (Ho‘n. Mr. Justice Pritinker Diwaker) Criminal Appeal No. 1998 of 1998 APPELLANT m Makhan Singh alias Munna VERSUS RESPONDENT State Of Madhya Pradesh Shrl D R Sharma l‘earned Sr. counsel with Ms. Rani Pathak for the appellant Shn Ashlsh Gupta PL for the respondent/State CRIMINAL APPEAL UNDER SECTION 374 OF THE CODE OF CRlMlNAL PROCEDURE. ‘ J U D G M E N T (O1 .02.201 1) This appeal is directed against the judgment dated 21.8.1998 assed by the Additional Sessions Judge, Bilaspur in Sessions Trial No. 167/1998 convicting the accused/appellant under Sections 376, 450 and 323 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs. 1000 u/s 376, rigorous imprisonment for three years and pay fine of Rs 500 u/s 450 and rigorous imprisonment for six months and pa tine of Rs. 500 u/s 323 IPC, plus default stipulations. § 2. Case of the prosecution in brief is that on 18 2.1998 FIR Ex. P1 was lodged by the prosecutrlx (PW 1) aged about 18 years alleging that on that day at about 8 30 p m when she was havmg meals In her house accused/appellant entered her house pressed .\ her neck threw her on the floor and putting her under threat r X committed forcrble sexual intercourse after upturmng her sari and petticoat It Is alleged that while trying to save her bangles were ‘ t was also torn broken and the vest worn by the accused/appellan Thereafter when she made an attempt to call the people accused/appeliant dragged her to the courtyard and assaulted her With club as a result of which she had sustained injuries on her head After investigation challan was fiied on 531998 for the nces under Sections 376 450 and 323 of the Indian Penal Code. 1 offe @ p y ‘\ ‘ 3 ’2_ 3. So as to hold the accused/appellant guilty, prosecution has examined 09 witnesses in support of its case. Statement of the accused/appellant was also recorded under section 313 of the Code of Criminal Procedt‘ire in which he denied the charges Ieveiied against him and pleaded his innocence and false implication in the Case. 4. fter hearing the parties the trial Court has convicted and sentenced the accused/appellant as mentioned above. 5.u‘ Heard counsel for the parties and perused the material available on record including the judgment impugned. 6. £ Counsel‘for the accused/appellant submits that statement of the prosecutrix‘appears to be highly unnatural which makes the entire case put forth by the prosecution wholly unreliable. According to him, even the medical report of the prosecutrix does not support the case of the prosecution and that being so it can safely be said that the accused/appellant has been dragged in a false case. 7. .On the other hand counsel for the respondent/State supports the judgment impugned and submits that looking to the manner in which the prosecutrix has been ravished at the hands of th accused/appellant which has been duly supported by Angad Singh i(PW—2) and Narendra Shukla (PW-3) whom the prosecutrix had narrated the entire incident, have also supported the case of the prosecution, the findings of conviction recorded by the Court below appear to be well-founded and warrant no interference from this ' Court. I 8. Prosecutrix (PW-1) has stated in her evidence that on the date of incident she was all alone in her house and while she was taking her meals, accused/appellant gained an entry thereto, asked her as to why she was taking her meals alone, caught hold of her hands, threw her on the floor and after upturning her sari and petticoat committed forcible sexual intercourse with her. According to her, g though she had raised an alarm, nobody came there to her rescue because the houses in the locality are situated at some distance ‘ A e l ‘ ‘ -3_ from each other. According to this witness, while trying to save h‘erself there was some scuffle between her and the accused/appellant in which the vest of the accused/appeiiant as well as the sari worn by her were torn off and her bangies broken. This witness has stated that while she was going to call the people of the vicinity, accused/appellant followed her and assaulted with club. The accused/appellant herein is also stated to have threatened her of life in case she disclosed the matter to anyone. Thereafter, she went to the house of her cousin namely’Angad Singh (PW—2) but as he was not at home, she disclosed the incident to his wife namely Duvasia Bai. She then went to the house of one Pancham Singh Gond- where her cousrn Angad Singh (PW—2) and Narendra Shukla (PW 3) were also present and narrated the InCident to them Thereafter she was sent for medical examination ln cross examination also this witness has stated the same thing as in the examination in chie This witness has denied the fact that there was any dispute between her mother and the accused/appellant in respect of demand of rent. Angad Singh (PW-2) has stated in his evidence that on e date of incident when he along with other villagers was attending the rPanchayat meeting in the house of one Pancham Gond, prosecutrix came there in an injured condition and narrated the entire incident to ‘him and then the report was lodged. Narendra Shukla (PW-3) has made almost similar statement as has been made by Angad Singh ‘ (PW 2) ldasia Bai (PW 4) has stated in her evidence that on the ldate of inCIdent the prosecutrix had come to her weeping and informed that the accused/appellant had committed sexua\ ‘ intercourse With her and assaulted with club after entering her house Rambai (PW 5) is the mother of the prosecutrix who has stated in her eVIdence that on the date of inCIdent she had gone to the Patwari who had prepared spot map Ex P 8 Dr L N Patel (PW— ‘ 7) is the Witness who had medically examined the accused/appellant ; and given his report (Ex P 9) stating that he was capable of performing sexual intercourse ASSIstant Sub inspector namely S G Pandey (PW-8) is the investigating officer who has supp0ited the< l i%\\ , ‘ Amlai and on her return the prosecutrix had informed her about the ntire act of the accused/appellant Satya Prakash Oiha (PW-6) is I f th case of the prosecution. Dr. Nalini Singh (PW—9) who medically examined the prosecutrix and given her report Ex. P-19 has stated that she noticed two injuries on the body of the prosecutrix. According to this witness, the vaginal slides were prepared and sent for chemical examination. F.S.L. report Ex. P-20 confirms the presence of spermatozoa on the petticoat and the vaginal slides of the prosecutrix. 9. Having thus seen the evidence of the witnesses from every possible angle, this Court is of the considered opinion that the accused/appellant gained an entry to the house of the prosecutrix and taking advantage of her loneliness in the house committed forcible sexual intercourse with her. Record also shows that when the prosecutrix -was going to call the people of the village, accused/appellant assaulted her also with the club and threatened _.q._ her of life in case she disclosed the incident to anyone. Statement of the prosecutrix also reveals that there was no previous enmity between her mother and the accused/appellant regarding demand of rent and in this view of the matter particularly when the defence has not brought anything on record in support of its case, there appears to be no reason for this Court to disbelieve the statement of the prosecutrix. ln addition to all this, FSL report Ex. P-20 also confirms the presence of spermatozoa on the petticoat of the prosecutrix as well as her vaginal slides. Thus it can very well be said that the prosecution has proved its case beyond all reasonable doubts and accordingly the trial Court has not gone wrong in convicting the accused/appellant under Sections 376, 450 and 323 IPC. 10. ’ ln the result, the appeal being devoid of substance is liable to be dismissed and the same is dismissed as such. Accused/appellant / . H ,jis sai to be’on bail. His bail bonds stand cancelled. ”//// //// sdl- ' . r Pm-mke" Dunlake Judge /_ / d