AFZAL AJMI Vs. STATE OF MADHYA PRADESH NOW CHHATISGARH

JUDGEMENT

(1.) This appeal Is directed against the judgment dated 29th November 1989 delivered by Shri K. L. Kori, 1st Additional Sessions Judge, Raipur in Sessions Case No. 212/1987 whereby the appellant was convicted under Section 376, IPC and was sentenced to undergo rigorous imprisonment for seven years.

(2.) Briefly stated the prosecution story is that the appellant was working as teacher at the Middle School for girls in Labhandlh. The prosecutrix aged about 13 years was studying in Class VI. On 9-8-1986 at 2.45 p.m. she lodged FIR Ex. 3 at P. S. Civil Lines, Raipur stating that on 8-8-1986 at about 5.00 p.m. the appellant hid her school bag in his room. When she asked for it, the appellant told her to get it from the room. As the prosecutrix went to the room, the appellant followed her to the room and holding her hands started fondling her and kissing her cheeks. She resisted but the appellant scolded her to keep quiet. Thereafter, the appellant after undressing her completely, undressed himself and closing the door made the prosecutrix to lie on the ground and mounting upon her completed the sexual act and ejaculated the semen. When the appellant penetrated his penis inside the vaginal orifice of the prosecutrix, she experienced severe pain and shouted. The appellant gagged her mouth. After completing the sexual act, he cleaned his penis with his handkerchief. The prosecutrix also narrated that due to the forceful intercourse by the appellant she was experiencing severe pain in her private parts. After completion of the act, the appellant gave the school bag to her and warned her not to disclose the incident to anyone. The prosecutrix returned home and told the incident to her mother Rupoutin Bai P.W. 5. She stated that due to fear she did not narrate the incident to anybody else. Rupoutin Bai P.W. 5 informed her husband Devnath P.W. 8 at night about the incident.

(3.) On the same day, i.e. 9-8-1986 Dr. Asha Mishra P.W. 10 examined the prosecutrix and found that she had no difficulty in defecation, maturation (sic) and walking. Menses had not started. Her secondary sexual characters were very well developed. There was no external injury anywhere on her body. On examination of her private parts, there was no evidence of any injury. Her vaginal examination did not disclose any discharge or bleeding. There was no sign of redness or inflammation. Hymen was intact. Matting of pubic hair had not taken place. Her vaginal examination did not reveal any bleeding on the examining finger. It was opined that as hymen was intact and there was no evidence of trauma to the private parts and since there was no external injury on the prosecutrix, no definite opinion could be given regarding recent sexual intercourse. Vaginal slides were prepared, sealed and were handed over to Constable and were seized vide Ex. P.7.