JAYANTIBHAI MOHANBHAI PATEL (PADARIA) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The accused appellant who had been acquitted by the learned trial Court of the charge under Ss. 376, 323, 504 and 451 IPC has been convicted by the High Court under Sec. 376(2)(a)(i) and 452 IPC and sentenced to rigorous imprisonment for ten years in appeal filed by the State.

(2.) We have heard the learned counsels for the parties. We have perused the materials on record including the evidence of the victim; the medical evidence as well Signature Not Verified as the report of the Forensic Science Laboratory (FSL).

(3.) The victim clearly implicates the accused appellant and in her long deposition she has narrated the incident giving full details. However, the medical evidence seems to be negatived insofar as commission of the offence of rape is concerned. In fact, according to the Medical Officer, there was no evidence of any physical mark or injury on the private parts or on the chest of the victim. The fact that the victim was a married lady having three children is something that cannot be altogether ignored while considering the medical report. However, what, according to us, would turn the scales in favour of the accused is the FSL report which includes analysis of samples of blood, saliva, vaginal smear of the victim as well as of the accused.