1
IN THE HIGH COURT OF MADHYA PRADESH, PRINCIPAL
SEAT AT JABALPUR
Criminal Appeal No. 2213 of 2004
Parties Name Panjab Singh @ Vishnu Bahadur Singh
Khairwar
vs
State of Madhya Pradesh
Bench Constituted Hon’ble Shri Justice S.K. Gangele
Hon’ble Smt. Justice Anjuli Palo
Judgment delivered by Hon’ble Shri Justice S.K. Gangele
Whether approved for Yes/No
reporting
Name of counsels for parties For appellant: Ms. Manju Khatri,
Amicus Curiae.
For respondent/State: Shri Pradeep
Singh, Government Advocate.
Law laid down
Significant paragraph
numbers
(J U D G M E N T)
Pronounced on : 02.01.2018
1. Appellant has filed this appeal against the judgment dated
27.09.2004 passed in Sessions Trial No.48/2004. The trial Court
held the appellant guilty for commission of offence punishable
under Section 376(2)(cha) of Indian Penal Code and awarded
sentence of life imprisonment alongwith fine of Rs.200/-.
2. Prosecution case in brief is that the appellant had taken
the prosecutrix, who was at that time about six years old, near a
nala and committed sexual intercourse with her, due to which,
her vagina was ruptured and blood was oozing. She cried. She
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came to her mother and thereafter, her mother lodged a written
report at the police station, which is Ex.P2. On the aforesaid
report, a FIR was registered at the police station, which is
Ex.P10. Police conducted investigation and filed charge-sheet
against the appellant. The appellant abjured the guilt and
pleaded innocence. The trial Court, after trial, held the appellant
guilty for commission of offence and awarded sentence as
mentioned above in the judgment.
3. Learned Amicus Curiae for the appellant has submitted
that the trial Court committed error in convicting and
sentencing the appellant. He is in jail for the last 14 years.
Hence, the sentence of the appellant be awarded as already
undergone.
4. Learned Government Advocate has submitted that the
prosecution has established the guilt of the appellant and the
trial Court has rightly convicted the appellant and awarded
proper sentence.
5. PW-1 Shakuntala, is the mother of the prosecutrix. She
deposed that at around 12 O’clock in the noon, the appellant had
taken my daughter to a nearby nala and committed rape with
her. There was injury on her private part. I heard the cry of the
my daughter, thereafter, she came to me and told me that the
appellant had committed sexual intercourse with her. Thereafter,
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I went to the house of the father of the appellant and told him
about the story. Other residents of the village came there.
Thereafter, I went to police station and submitted a written
complaint Ex.P2 and signed the same. Police sent the
prosecutrix for medical examination.
6. PW-2 Anarkali (prosecutrix) deposed that, at the
relevant time, she was studying in class 1 in a school. The
appellant had taken her to nearby nala (bahra) and he had
committed sexual intercourse with her, due to which blood was
oozing from her private part. She informed her mother, who was
at the house and thereafter, mother had taken her to the police
station. Police had sent her to the hospital, where she was
examined. She told the incident to the police.
7. PW-3 Agnu is an independent witness. He deposed that at
around 12 O’clock I was at my house and mother of the
prosecutrix told me that the appellant had committed sexual
intercourse with her daughter and same facts were told to me by
the prosecutrix also. Same facts have been deposed by PW-4
Raimuniya, who is a neighbour. PW-6 Shiv Prasad is also
neighbour of the prosecutrix. He deposed that I was eating at my
house and I went to the house of the prosecutrix after hearing
cry and I saw that blood was oozing from the private part of the
prosecutrix. Mother of the prosecutrix told me that the appellant
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had committed sexual intercourse with her daughter. Same facts
were told by the prosecutrix. PW-8 Kamla Devi is also a
neighbour. She deposed the same facts as deposed by the PW-6.
8. PW-7 Dr. Smt. Kalpana Ravi deposed that on
18.03.2004 I was posted as lady doctor at District Hospital
Sidhi. On the aforesaid date, I examined the prosecutrix. There
was incised injury, measuring 1.5x2x1/4 CM, on labia minoril.
Hymen was ruptured. There was injury incised injury,
measuring 1x1x1 CM on posterior kemisore and blood was
oozing. There was swelling in the vagina of the prosecutrix and
she complained that she was feeling pain. The injuries suffered
by the prosecutrix were caused due to forceful sexual
intercourse.
9. PW-11 Yagya Sharan Mishra deposed that I was posted
as Head Constable at Jiyawan Police Station on 18.03.2004. On
the aforesaid date, Shakuntala Bai submitted a written complaint
and on the basis of that written complaint, FIR vide Ex.P10 was
registered and I signed the same.
10. PW-13 Ramesh Kumar Singh is the Investigating
Officer. He deposed that I conducted investigation of the case. I
recorded statements of the prosecutrix, Shiv Prasad Kushwaha,
Kamla Devi and Shakuntala Devi on 18.03.2004. I prepared spot
map on 19.03.2004, which is Ex.P4 and signed the same. On
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19.03.2004, I recorded statements of Agnu Yadav, Raimuniya,
Lalman Kushwaha, Ramesh Kushwaha and Kishor Kumar @
Babbu. The appellant was arrested on 19.03.2004 vide arrest
Ex.P1 and signed the same. Accused was sent for medical
examination.
11. PW-5 Dr. A.K. Sharma examined the appellant. He
deposed that the appellant was capable to perform sexual
intercourse.
12. FIR is Ex.P10, which was lodged on the same date by
PW-1. In the FIR, it is mentioned that the appellant had
committed rape with the prosecutrix. As per the report of FSL
Ex.P13, blood was found on the underwear of the prosecutrix
and spots of sperm were also found. From the evidence of the
prosecutrix, her mother and the neighbours, this fact has been
proved that the appellant had committed rape with the
prosecutrix. The doctor PW-7, who examined the prosecutrix,
specifically deposed that she noticed injuries on the private part
of the prosecutrix. Those injuries were caused by forceful sexual
intercourse. At the time of incident, the prosecutrix was aged
about six years. Looking to the aforesaid facts on record, in our
opinion, the trial Court has rightly held the appellant guilty for
commission of offence punishable under Section 376(1)(h) of
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IPC. The appellant has committed a heinous offence, hence, the
trial Court has awarded a proper sentence.
13. Consequently, we do not find any merit in this appeal. It is
hereby dismissed.
(S.K. Gangele) (Smt. Anjuli Palo)
Judge Judge
Digitally signed by VINOD KUMAR TIWARI
Date: 2018.01.04 12:32:12 +05’30’
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