Madhya Pradesh High Court
Sukki @ Mukesh Sen vs The State Of Madhya Pradesh on 3 November, 2017
HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT
AT JABALPUR
Criminal Appeal No. 146 of 2007
Parties Name Sukki @ Mukesh Sen
Vs.
State of Madhya Pradesh
Bench Constituted Hon'ble Shri Justice H.P. Singh,
S.B.
Judgment delivered by Hon'ble Shri Justice H.P. Singh
Whether approved for Yes/No
reporting
Name of counsels for For Appellant: Shri Alok Tapikar
parties Amicus Curiae.
For Respondent/State: Shri
Akshay Namdeo, Government
Advocate.
Law laid down
Significant paragraph
numbers
JUDGMENT
(03.11.2017) This appeal has been filed by the appellant, being aggrieved by the judgment dated 13.11.2006, passed by VIII Additional Sessions Judge, Fast Track Court, Chhatarpur in S.T. No.255/2005, whereby, the appellant has been convicted for the offence punishable under Section 376(2)(h) of the Indian Penal Code (for short "the Code") and has been sentenced to undergo RI for 10 years and fine of Rs.500/-, in default, RI for 3 months.
2. In nutshell, prosecution case is that on 27.09.2005 at about 11:00 a.m., when complainant Jeena (PW-14), who is the wife of appellant, came from the agricultural field to her home and she did not see her children, then on search, found that her younger son was playing on the atari and in the corner, appellant was committing rape 2 upon her daughter, aged about 5 years. Her daughter was weeping. After seeing the incident, complainant Jeena (PW-14) shouted and took her daughter from the atari and saw that blood was oozing from her vagina and she was complaining pain in that part. She informed the incident to the Kotwar of her village and other persons. She also informed about the incident to her own father and father-in-law. Thereafter, a panchayat was organized on 02.10.2005 on the platform of Hanuman Ji Temple. In that panchayat, appellant had accepted the offence. Thereafter, on the suggestion of the panchayat, report was lodged. Victim was sent for medical examination. Appellant was arrested. He was also sent for medical examination. Victim was examined by Dr. Sushma Khare (PW-16) and she opined that hymen was partially torn and opined that rape was committed by partial inserting the penis.
3. Thereafter, after completing investigation, charge- sheet was filed before the concerned Magistrate against the appellant. Case was committed to the Sessions Court as the case was exclusively triable by Court of Sessions and thereafter, made over to the trial Court. Learned trial Court framed charge under Section 376(2)
(h) of the Code. Contents of the charge were read over and explained to the appellant, to which he pleaded not guilty and claimed to be tried.
4. Thereafter, the prosecution examined as many as 17 witnesses. On completion of recording of evidence, learned trial Court examined the appellant under Section 3 313 of Cr.P.C., to which he denied veracity of all the prosecution witnesses. His case is of total denial and that he had been falsely implicated in this case.
5. I have gone through the statements of the witnesses. Jeena (PW-14), who is wife of the appellant and mother of the victim and who is the prime witness of the case, has stated that when she came from the agricultural field to her home at about 11:00 a.m., and went on the atari, she saw that appellant, by inserting his penis in the vagina of the victim, was committing rape upon her. She has further stated that seeing all these things, she asked appellant that what was he doing, on which, he replied that he has done his work, she may send him to jail. She has further stated that blood was oozing from the vagina of the victim.
6. Jeena (PW-14) has further stated that she told about the incident to village Sarpanch, namely, Rajkumari and also to her own father and other persons. She has further stated that panchayat was arranged, in which, appellant had admitted the offence. Thereafter, she lodged the report.
7. Rajkumari (PW-1), Sumrat Singh (PW-2), Rajesh Kr. Pathak (PW-4), Ajudiya Kushwaha (PW-5), Pushpendra Singh (PW-7), Babulal (PW-8), Heera (PW-
9) have supported the statement of Jeena (PW-14) and have stated that panchayat was organized and in the panchayat, Jeena (PW-14) and her daughter (victim) have stated that appellant had committed rape upon the 4 victim and on query, appellant himself had admitted that he had committed rape upon the victim.
8. Dr. Sushma Khare (PW-16) had stated that on 03.10.2005, she had examined the victim and found that redness was present on the labia and below the hymen. Hymen was partially ruptured. She prepared the slide of swab of vagina of the victim and after sealing, handed over to the Police. As per her, rape was committed. In cross-examination, she has stated that looking to the injury caused on vagina, she has opined that partial intercourse had been done.
9. Dr. G.L. Ahirwar (PW-3) has stated that he had examined the appellant and found that at the time of his examination, he was competent to perform intercourse. He had prepared slide of his semen and after sealing, handed over to the Police.
10. Thus, looking to the statement of Jeena (PW-14), other witnesses and medical evidence, it is proved that on the relevant date and time, appellant had committed rape upon the prosecutrix, aged about 5 years, who is his own daughter and accordingly, learned trial Court has rightly held the appellant guilty for committing above offence.
11. Keeping in view the prosecution evidence led on record, I find that findings recorded by learned trial Court are just findings on the basis of correct appreciation of the evidence on record as discussed 5 above. I do not find any illegality in the findings recorded by the learned trial Court, which may warrant interference in the present appeal.
12. Accordingly, appeal stands dismissed.
(H.P. SINGH) JUDGE GT DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=6fdf031d90def121483fc12fcfac394cfeeb8d28e3f811e7 91eb3ec28b88fbbf, serialNumber=6b781c2574ea3d78780a268ab221e624844669cb 51f6ad6ad5ee5578d76f4e62, cn=GAUTAM TECKCHANDANI Date: 2017.11.06 16:57:39 +05'30'