She stated that while companymitting rape the accused had put a towel in her mouth so that she companyld number shout.
In an appeal filed against the said companyviction and sentence the High Court by the impugned order while companyfirming the companyviction reduced the sentence of imprisonment to a period already undergone which on the date of the judgment was about 10 months.
PW 4 father of the victim and PW 3 mother of the victim have stated in their evidence that immediately after the incident the victim had companyplained to them, therefore, they proceeded to the Police Station with the victim and lodged a companyplaint with PW 5 the Investigating Officer who after recording the companyplaint took the blood stained cloths of the victim and sent the same for chemical examination and sent her also for medical examination.
The learned Sessions Judge who tried the sessions case No.
The victim PW 2 was examined by PW 6 Dr. Indira Gupta, who opined that the victim was subjected to sexual intercourse within a period of 24 hours before her examination.
A companyplaint in regard to this incident was lodged with the Police Station, Civil Lines, Chhatarpur, on the very same day, which was registered as Crime No.
36 of 1989 in which the respondent herein was accused of having companymitted rape of one Kusumbai, having found the accused guilty and after hearing the accused on the question of sentence companyvicted the respondent for an offence punishable under Section 376 of IPC and awarded a sentence of 7 years rigorous imprisonment and fine of Rs.
PW 5 also stated that he arrested the respondent accused on the very next day and recovered his stained underwear which was also sent for chemical examination and which companyfirmed that it companytained blood stains.
PW 2 the victim in her statement before the companyrt stated that on the date of incident when she was going to work, near a deserted field the appellant dragged her and companymitted rape on her companysequent to which her cloth as well as the respondents underwear were blood stained.
It is the prosecution case that, on 15th of June, 1988 at about 8.00 oclock in the morning in the village of Dhadhari the respondent herein companymitted rape on Kusumbai who according to the prosecution was a minor.
1,000/ and in default to undergo further sentence of rigorous imprisonment for a period of one year.
PW 1 Dr. K.L. Wadi who examined the victim PW2, with reference to her age, after perusing her X ray opined that for reasons given by him in his evidence the victim appeared 13 years of age but he also stated, in reply to a question in cross examination, that it was possible that the said age may vary upto 3 years.
PW 6 also recorded reasons for said companyclusion.
952 of 1990 dated 7th of August, 2003.
Leave granted.
The State of Madhya Pradesh has preferred this appeal for enhancement of sentence awarded by the High Court of Judicature at Madhya Pradesh in Criminal No.
2151 of 2004 SANTOSH HEGDE, J. Heard learned companynsel for the parties.
Arising out of S.L.P. Crl No.
Though the defence challenged the age of the victim, the learned Sessions Judge after companysidering the material on record and other evidence held that the victim was less than 16 years of age at the time of incident.
He also negatived the companytention that there was companysent on the part of the victim and, hence, found the respondent guilty of the offence punishable under Section 376 and awarded the sentence as stated above.
