SHIV MOHAN PRAJAPATI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 24th of June, 2009 passed by Sessions Judge/Special Judge (SC/ ST Act, 1989), Korea (C.G.), in Special Case No. 02/2006 wherein the said Court has convicted the appellant for charge under Sections 450 and 376(1) of Indian Penal Code, 1860 and sentenced him to undergo R.I. for 3 years with fine of Rs. 500/-, R.I. for 7 years with fine of Rs. 500/- with default stipulations.

(2.) In the present case, prosecutrix is (PW-1). As per version of the prosecution on 7th of May, 2005 at about 5.00 pm in the evening while the prosecutrix was alone in the house. The appellant/accused entered in the house of the prosecutrix and forcibly committed sexual intercourse with her and thereafter run away. Matter was reported, investigated the appellant was charge-sheeted and convicted as mentioned above.

(3.) Learned counsel for the appellant submits that F.I.R. was lodged in delay and no explanation was given for the said delay therefore, the case of the prosecution is not established beyond reasonable doubt. The medical report Ex.P-12 is not corroborating the case of the prosecution therefore, it is a case of consent. The trial Court has over-looked material omission in the statement of the prosecutrix therefore, finding of the trial Court is liable to set-aside.