SUDESH VERMA Vs. STATE OF M P

JUDGEMENT

(1.) By this criminal revision Petitioner has challenged the legality and propriety of the judgment dated 25/1/2000 passed by First Additional Sessions Judge, Raipur in Cr. A. No. 392/1999 affirming the judgment of conviction and order of sentence dated 8/10/99 passed by Judicial Magistrate First Class, Raipur in criminal case No. 513/96 whereby and where under learned Judicial Magistrate First Class, Raipur after holding the Petitioner guilty for the commission of unnatural offence convicted the Petitioner under Section 377 of the Indian Penal Code and sentenced rigorous imprisonment for 2 years & 6 months and fine of Rs. 1,000/- in default additional rigorous imprisonment for 1 month.

(2.) The conviction is impugned on the ground that without any legal and clinching evidence Court below have convicted and sentenced the Petitioner and thereby committed illegality.

(3.) Brief case of the prosecution is that victim PW2 Jaipal Chandrawanshi was a student of B.A.M.S, 1st year, he was junior student. Petitioner was also a student of B.A.M.S. 3rd year. He was senior student. Victim was residing in a Ayurvadic Hostel Raipur in Room No. 32. On 11/4/95 at about 2.45 p.m. victim PW2 Jaipal Chandrawanshi was present in his room No. 32 at Hostel, Petitioner came to his room and after closing the door he committed unnatural intercourse on the anus of the victim, again he took the victim in room No. 16 where he again committed unnatural intercourse on the anus of the victim. On 11/4/95 victim lodged the written complaint to the Police Station vide Ex. P-2, First Information Report was lodged vide Ex. P-6 and P-3. Victim also made complaint to his Principal and Principal issued Show-cause-notice vide Ex. P-4. He was examined by PW9 Dr. Kamal Kumar Gajbhiye, vide Ex. P-7. No visible injury was found on the body of victim. Petitioner was also examined by PW11 Dr. R.K. Pandey vide Ex. P-13 no injury was found. His underwear was seized and sent for chemical examination vide Ex. P-12. Presence of sperms and semen was confirmed on the underwear of the Petitioner vide Ex. P-13. Offence was investigated, and charge sheet was filed before the Judicial Magistrate First Class, Raipur who after affording an opportunity of hearing convicted and sentenced the Petitioner as aforementioned. Conviction and sentence was challenged by the Petitioner in appeal same was dismissed vide judgment impugned.