SOMAI Vs. STATE OF M.P. (NOW CHATTISGARH)

JUDGEMENT

(1.) The appellant has taken an exception to the two concurrent judgments of Sessions Court as well as High Court by which he has been convicted for the offences punishable under Ss. 376 and 450 of Indian Penal Code, (for short, 'IPC ').

(2.) The learned counsel appearing for the appellant has taken us through the impugned judgments as well as the depositions of the prosecutrix and her husband. His main contention is that it was a consensual act as can be seen from the evidence on record. Secondly, he contends that there are significant contradictions and omissions in the deposition of the prosecutrix. Thirdly, he contends that the clothes and undergarments of the prosecutrix as well as the accused which were seized by the police were not sent for analysis to FSL.

(3.) We have heard learned counsel for the respondent.