JAI SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dtd. 3/1/2002 passed by Special Judge, (Scheduled Castes and Scheduled Tribes) (Prevention of Atrocities)/Additional Sessions Judge, Jagdalpur (C.G.), in Sessions Trial No. 515/2000 convicting the accused/appellant under Ss. 376 (1) IPC and sentencing him to undergo R.I. for seven years with fine of Rs.2,000.00, plus default stipulations.

(2.) As per the prosecution case, on 11/10/2000 FIR (Ex.P/1) was lodged by the prosecutrix (PW/1), alleging in it that on 8/10/2000 at about 11.30 pm, she along with her 3 year daughter was sleeping on platform near the house and her husband had gone to see V.C.R. saying that he would come after some time. When the prosecutrix was in deep sleep, the accused/appellant came there, caught hold of her hands, gaged her mouth by left hand and committed forcible sexual intercourse with her. It has been also alleged that when the sexual intercourse was being committed, husband of the prosecutrix came there and on seeing her husband the accused/appellant ran away from the spot. Based on this, offence under Ss. 376 IPC was registered against the accused/appellant. On 10/10/2000, the prosecutrix was medically examined vide Ex.P/2 by Dr. (Mrs.) A. Chandra Rao (PW/5) who opined that no positive finding of recent forceful sexual intercourse was noticed and the prosecutrix is habitual for sexual intercourse. The accused/appellant was also medically examined vide Ex.P/4 and was found to be capable of performing sexual intercourse.

(3.) After investigation, charge sheet was filed against the accused/appellant under Sec. 376(1) IPC.