1
HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT AT
JABALPUR
Criminal Appeal No. 1831 of 2004
Parties Name Ashok
Vs.
The State of Madhya Pradesh
Bench Constituted Hon’ble Shri Justice S.K. Gangele
Hon’ble Smt. Justice Anjuli Palo
Judgment/Order delivered by Hon’ble Shri Justice S.K. Gangele
Whether approved for Yes/No
reporting
Name of counsels for parties For appellant: Shri R.S. Shukla, Amicus
Curiae.
For respondent/State: Shri A.P. Singh,
Government Advocate.
Law laid down
Significant paragraph
numbers
(J U D G M E N T)
Pronounced on : 03.04.2018
1. Appellant has filed this appeal against the judgment of conviction
dated 17.10.2000 passed in Sessions Trial No.461/2000. The
appellant/Ashok alongwith another co-accused/Madan Singh was
prosecuted for commission of offence punishable under Section
376 (2)(f) of Indian Penal Code. The trial Court held the appellant
guilty for commission of aforesaid offence and awarded sentence
of RI for life alongwith fine of Rs.500/- with default stipulation RI
one month.
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Cr.A. No.1831/2004
2. Prosecution story in brief is that prosecutrix was returning back
after giving food to her elder sister. On the way, both the accused
persons asked the prosecutrix to transport the coal. The prosecutrix
refused the same. Thereafter, present appellant lifted the
prosecutrix in his lap and took her in the garden of Shiv Prasad
Sahu near the shrubs, where both the accused persons had
committed rape with her. She returned home and told the story to
Ganga Bai, Chhoti Bai and Mangi Bai etc. The report of the
incident was lodged at the police station. Thereafter, police
conducted investigation and filed charge-sheet. The appellant
abjured the guilt and pleaded innocence. The trial Court held the
appellant and another co-accused guilty for commission of offence
and awarded punishment as mentioned above in the judgment.
3. Co-accused Madan Singh filed Criminal Appeal No.2947/2000,
which was disposed of as infructuous because he was died during
pendency of the appeal. Present appeal has been filed by appellant-
Ashok.
4. PW-4 Rannu Bai (prosecutrix) in her evidence deposed that at
the time of incident, I was aged about 10 years. At around 5
O’clock in the evening, I was returning back after giving food to
my sister. Near railway line, present appellant and another co-
accused met with me and they made a request for transporting the
coal. I refused the same. Thereafter, Ashok had taken me in his lap
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Cr.A. No.1831/2004
and took me to nearby shrubs, thereafter, he stripped me and also
stripped himself and committed ‘galat kam’ (sexual intercourse)
with me. I was crying, but, nobody was there. Thereafter, Madan
Singh committed the same act with me. I was sitting near railway
line. My sister came there. She had taken me to home. I told the
story to my sister that both the accused persons had committed
rape with me. I told the same to my grandmother (nani) Chhoti
Bai. I also told the same to Munni Bai. Thereafter, I went to police
station Madhavnagar and lodged the report, which is Ex.P2. Police
prepared spot map, which is Ex.P3. My undergarment (chaddi)
was seized. The trial Court asked a specific question about the
sexual intercourse, because the prosecutrix used the word ‘galat
kam’, and the prosecutrix replied in affirmative that both the
accused persons had committed rape with her.
5. PW-1 Chhoti Bai deposed that the prosecutrix told her that the
appellant had committed rape with her and thereafter, report was
lodged. PW-2 Ganga Bai is elder sister of the prosecutrix. She
deposed that on the date of incident, I had gone to work as
labourer. When I returned back, the prosecutrix told me that the
appellant and another co-accused had committed rape with her
near the river near Neeraj Talkies. She told the same facts to our
grandmother (nani) Chhoti Bai. The prosecutrix lodged the report
at the police station. PW-3 Munni Bai also deposed that
prosecutrix told me that accused persons committed rape with her.
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Cr.A. No.1831/2004
6. PW-7 Dr. Smt. Usha Nigam examined the prosecutrix. She
deposed that I noticed that perennial region of the prosecutrix was
torn of first degree. There were injuries on the private part of the
prosecutrix caused by hard and blunt object. There were signs that
some hard object was forcefully penetrated in the private part of
the prosecutrix. She further deposed that the injury could be caused
by penis.
7. PW-6 Dr. R.S. Asrani examined the present appellant. He in his
evidence deposed that the appellant was capable to perform sexual
intercourse.
8. PW-11 B.L. Khadeliya recorded statements of Munni Bai, Gannu
Bai, Chhote Bai and Gangabai. He also prepared spot map, which
is Ex.P3.
9. PW-12 Ratnesh Kumar was posted, at the relevant time, as ASI
at Police Station Madhavnagar. He deposed that prosecutrix lodged
the report, which is Ex.P2 and I had written the report.
Undergarment of the prosecutrix was seized vide seizure memo
Ex.P1 and I signed the same. The appellant was arrested vide arrest
memo Ex.P15 and I signed the same.
10. From the evidence of the prosecutrix, which is unshakable, this
fact has been proved that the appellant and another co-accused had
forcefully performed sexual intercourse with her. This fact has
further been proved from the evidence of the doctor (PW-7), who
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Cr.A. No.1831/2004
examined the prosecutrix after the incident and deposed that there
were injuries on the private part of the prosecutrix. The prosecutrix
was aged about 10-11 years at the time of incident. The FIR was
lodged promptly. She narrated the incident to other witnesses
including her sister. They testified the same.
11. In view of the aforesaid evidence on record, in our opinion, the
trial Court has rightly held the appellant guilty for commission of
offence punishable under Section 376(2)(f) of IPC and awarded
proper sentence.
12. We do not find any merit in this appeal. It is hereby dismissed. The
appellant is in jail. If he has completed the jail sentence, as
awarded by the trial Court, he be released.
(S.K. Gangele) (Smt. Anjuli Palo)
Judge Judge
Digitally signed by VINOD KUMAR TIWARI
Date: 2018.04.04 13:21:17 +05’30’
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