LILIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the concurrent judgment of conviction recorded by the Sessions Court as well as by the High Court for an offence punishable under Section 376 IPC and a sentence of four years' RI.

(2.) The prosecution case is as under: the prosecutrix, aged about 20 years on the date of the incident, and a married woman, left for the fields at about 9.30 a.m. on 21-6-1984 to deliver lunch to her brother-in-law who was working in the field. While passing by she saw the appellant sitting on the roadside. He tried to talk to her but when she told him to get away he caught her from the rear, pushed her down on the ground and thereafter raped her, despite her attempts at resistance during which her bangles had been broken and she also received cut injuries on that account. The incident was also witnessed by Madan Lai, her brother-in-law. The prosecutrix was also subjected to a medical examination on 23-6-1984 and the doctor rendered her opinion that there were no signs of violence on her private parts, no oedema, and swelling, no scratches, no marks of semen or hair on her private parts or on her body. It was also observed that on an examination of the vagina dead sperms had been detected therein. The doctor thus opined that there appeared to be no apparent signs of rape, more particularly as the prosecutrix was a married woman and, therefore, habituated to sexual intercourse.

(3.) The trial court relying on the evidence of the prosecutrix and Madan Lal aforesaid rendered a judgment of conviction holding that there was no reason to disbelieve these two witnesses, more particularly as the prosecutrix being the victim, was not likely to tell a lie. The defence of the appellant that the story projected by Madan Lal that he had been a mute spectator for about 15 minutes while the rape was being committed was improbable, was also said to be of no consequence. This judgment has been confirmed, Lilia v. State, Criminal Appeal No. 218 of 1985 decided on 14-2-2001 (Raj) by the High Court in appeal. The matter is before us after the grant of special leave.