Rajendra Mahajan, J. - (1.) This appeal is directed against the judgment and order dated 22.11.2006 passed by the Third Additional Sessions Judge (FTC) Katni in Sessions Trial No.14 of 2006, by which the appellant-accused stands convicted under Section 376 of the IPC and sentenced to life imprisonment with a fine of Rs.1000/- (one thousand) in default to suffer further imprisonment for six months.
(2.) The following are uncontroverted and admitted facts of the case -: (1) The relation between the appellant and the prosecutrix (PW-3) is the father and the daughter respectively. (2) At the relevant point of time, the age of the prosecutrix was near-about 14 years. (3) The prosecutrix's mother had died before the incident in question. (4) Uma @ Salma (PW-4) and Shakun Bai (PW-5) are Mousi (real sister of the prosecutrix's mother) and Mami (maternal aunt) of the prosecutrix respectively. At the material point of time, they were neighbours in village Bilari. (5) After the lodgement of the FIR by the prosecutrix, she has been living with Uma.
(3.) The prosecution case as unfolded at the trial, in brief, is as follows:- (3.1) On 21.08.2005, the prosecutrix accompanied by Uma and Shakun Bai made an oral report at Police Station Madhav Nagar of Katni town stating that she is a resident of village Bhaiswahi and she does house chores. Her mother had died five years ago. She and her two younger brothers live with her father Ramnath, who is the appellant-accused herein, in village Bhaiswahi. Her father used to commit sexual intercourse with her despite her strong protests. He did not allow her to go outside the house. For the said reason, she did not narrate his perverted sexual acts to any person of her acquaintance. As a result of the cohabitation, she became pregnant and she is at present carrying a fetus aged about four months in her womb. On 21.08.2008, her father brought her to the house of Uma at village Bilari for medical treatment as her health is deteriorating on account of pregnancy. In the absence of her father, she related the matter to her Mousi Uma and Mami Shakun Bai. Upon their suggestion, she has come to lodge the report. Upon her oral report, Sub-Inspector C.K. Tiwari (PW-10) recorded an FIR being Ex.P-3 and registered a case against the appellant under Section 376 IPC at Crime No.0 of 2005 as the place of occurrence village Bhaiswahi falls under the territorial jurisdiction of Police Station Vijayraghavgarh of Katni district. (3.2) On 22.08.2005, C.K. Tiwari sent the prosecutrix for medico-legal examination to the Government Hospital Katni, where Dr. Sunita Verma (PW-6) examined her and gave a report Ex.P-6 stating that there is a fetus aged about 14 to 16 weeks in the prosecutrix's womb. She also collected smear of her vaginal swab and prepared slides of it for forensic tests. (3.3) On 22.08.2005, C.K. Tiwari sent the FIR Ex.P-3 and the prosecutrix's medical report Ex.P-6 to Police Station Vijayraghavgarh. On the basis of the FIR, Sub-Inspector Manjeet Singh (PW-11) recorded FIR Ex.P-12 verbatim and registered a case against the appellant at Crime No.150 of 2005. (3.4) Sub-Inspector Manjeet Singh took over the investigation. He prepared the site plan Ex.P-4, recorded the case diary statements of the witnesses who are conversant with the incident, and arrested the appellant vide arrest memo Ex.P-15. On 23.08.2005, he sent the appellant for medico-legal examination to the Community Health Center, Vijayraghavgarh, where Dr. R.K. Jharia (PW-2) examined him and gave a report Ex.P-2 stating that the appellant is capable of doing sexual intercourse. He also prepared slides of semen of the appellant. (3.5) Upon the conclusion of investigation, the police filed a charge-sheet against the appellant for his prosecution under Section 376 IPC.;