TMI Blog2010 (8) TMI 889X X X X Extracts X X X X X X X X Extracts X X X X ..... wing facts: On 7th February, 1999 at about 4.00 p.m. the prosecutrix-PW.6, the daughter in law of the first informant, went out of the village for grazing her goat. As she did not return for some time it was thought that she had gone to visit her mother, but when she did not return even the next day, the family set out in search of her but could not find her. They however ascertained that the appellants herein, Jai Krishna Mandal and Munna Das were also missing from the village from 7th February 1999. The two appellants however returned to the village on the 11th February, 1999 and were duly interrogated by the villagers on which they admitted that they had kidnapped the prosecutrix and kept her in village Maheshadih. A case under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o relied on the evidence of PW.2 - the husband of the prosecutrix and several other witnesses as well. The Trial Court also held that the uncertain medical evidence with regard to the rape could not be taken against the prosecution for the simple reason that the prosecutrix was a married woman with two children and a third pregnancy was about 1-1/2 to 2 months on, and as such it was obvious that she was habituated to regular intercourse. The finding of the Trial Court was affirmed in appeal by the High Court. Mr. M.P. Jha, the learned counsel for the appellants has raised only one argument during the course of the hearing. He has pointed out that the only evidence of rape was the statement of the prosecutrix herself and when this eviden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arogaji had not seized the saree or Petticoat. We find this statement to be contrary to the statement of the lady Doctor who deposed that she had taken the saree from the prosecutrix and handed it over to the investigating officer. The Doctor also does not support the prosecution story. She stated that there was no evidence of rape, no injury on her person and that she was a `multi persons lady'. We are unable to comprehend what exactly this word means and in the context that it had been used, we assume that she was a lady having regular sexual intercourse with several persons. We also find that as per the prosecution story the appellants were missing from the village on the date that the prosecutrix also disappeared that is 7th Februar ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
