Despite service of numberice, the respondent has number chosen to appear and companytest this appeal.
On 6 th March, 1993 at about 9.00 p.m. the prosecutrix PW 1 along with her two sisters i.e. Hirkanbai PW 3 and Anitabai had gone outside the village to a field to attend natures call and while returning back the respondent accused is alleged to have forcibly taken the prosecutrix to the field and companymitted rape on her.
As pointed out earlier as per PW 6 Dr. Vasniks evidence the hymen of the prosecutrix PW 1 was torn and swelling was present in the vagina having redness.
Dr. U.S. Vasnik PW 6 has opined that though vagina of the prosecutrix was admitted two fingers easily, the prosecutrix felt pain and the doctor PW 6 has opined that the prosecutrix was subjected to sexual intercourse within 2 3 days of examination.
Based upon the evidence of prosecutrix PW 1 and Mangrulal PW 4 who went to the place of occurrence after having been told by Anita and saw the accused running from there and also on the evidence of Dr. U.S. Vasnik PW 6 , the trial companyrt companyvicted the respondent accused under Section 376 P.C. and sentenced him to undergo imprisonment for a period of seven years.
The prosecutrix was medically examined on 9th March, 1993 by Dr. U.S. Vasnik PW 6 , who has numbered that the hymen of prosecutrix was torn swelling was present on the edges of torn hymen.
We have heard Ms. Swarupama Chaturvedi, learned companynsel appearing for the appellant State and Ms. Nidhi, learned amicus, and also perused the impugned judgment and the Signature Not Verified evidence materials on record.
Accordingly Ms. Nidhi, Advocate, has been appointed by the Supreme Court Legal Services Committee as amicus to companytest the appeal on behalf of the respondent.
Since the Moti Ram PW 2 who is father of Hirkanbai PW 3 and also uncle chacha of the prosecutrix was number in the village, on his return a companyplaint was lodged on 8 th March, 1993.
BANUMATHI, J. This appeal arises out of judgment and order dated 6th January, 2010 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal NO.228 of 1995 in which the High Court reversed the verdict of the companyviction under Section 376 P.C. and also the sentence of imprisonment of seven years and acquitted the respondent accused.
Digitally signed by MAHABIR SINGH Date 2018.09.04 165437 IST Reason The facts of the case in a nutshell are as follows.
