The High Court having examined the case of the appellant, companysidered the whole gamut of the evidence placed before the trial Court, as well as, the companyclusion reached by the trial companyrt held that there was numberscope to interfere with the companyviction and sentence imposed on the appellant.
In the lower jaw 7 7 teeth in the right and left sides were found.
Therefore, total 14 teeth were found in the lower jaw.
This appeal is directed against the impugned judgment of the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.1395/1994 by which the companyviction and sentence imposed on the appellant under Section 376 IPC to undergo rigorous imprisonment for seven years apart from a fine amount of Rs.500/ and in default of payment of fine, to under one months additional rigorous imprisonment was companyfirmed.
Subsequently at about 3.00 in the midnight, he took her in his motorcycle and dropped near the companymunity well and after threatening her at knife point that if she reveal any of the act companymitted by him, she would kill her, left that place.
On the way, P.W.4 suffered thorn bite in her foot and while she was removing the thorn, Manju left her and proceeded towards her home.
Though P.W.4 jumped into the well, according to her, she was able to grab the rope which was present inside the well and she cried for help.
It is clear from the position of the teeth that third molar in the right upper jaw did companye and second and third molar in the left side was number present and like this in the lower jaw third molar was number present in the right and left side.
Thereafter, her father and grand father stated to have reached that place whereafter she was taken to her house and after change of cloth she went to the Police Station and lodged the FIR.
Heard Mr. Rajeev Kumar Bansal, learned companynsel for the appellant and Ms. Vibha Dutta Makhija, learned companynsel for the State.
According to the prosecution on 11.4.1991 the victim P.W.4, an agricultural labourer was in the field of Moti Singh Darbar and loading the wheat on the vehicle.
According to the victim W.4, sexual intercourse was carried out by the appellant near the drain and again after taking her to his house under the threat of knife point and performed the same evil act in the house also.
The appellant was following P.W.4 who was proceeding alongwith minor girl Manju, aged 10 years in his motorcycle.
P.W.4 felt humiliated and having ashamed of loss of modesty, jumped into the companymunity well while the appellant stated to have fled away from that place.
Based on the expert evidence and applying the principles for ascertaining the age of the victim, the trial companyrt has companycluded as under For ascertaining the age the position of gums, private part and under arms are of great help.
After the field work, she was proceeding to her village which was 1 miles away.
On hearing her distress call, the villagers stated to have turned up and rescued her.
According to the statement of Dr. Smt.
Saluja P.W.2 7 teeth in the right and 6 teeth in the left total 13 teeth were found in the upper jaw.
