AJMER SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 8-4-2004 passed by Sessions Judge , Bilaspur in Sessions Trial No. 176/2003. By the impugned judgment, accused/appellant Ajmer Singh has been convicted and sentenced in the following manner: <IMG>JUDGEMENT_2549_CRLJ_2013.jpg</IMG> 2. Case of the prosecution, in brief, is as under: On 14-1-2003, prosecutrix (PW-1) was alone at her house. Her husband Santosh Das (PW-4) had gone to school for doing labour work, her mother-in-law Chamrinbai (PW- 5) had gone to village Chhura Kachhar and her Nanad (sister-in-law) Nirabai had gone to school for study. At about 12 noon, the appellant came to the house of prosecutrix (PW-1) and asked her about how many family members were present in the house. She answered that she was alone at the house. At that time, prosecutrix (PW-1) was sweeping.

(2.) THE appellant caught her hand, dragged her, caused her to fall down on the cot, threatened her of life, pressed her ncek, assaulted on her head with fist, removed her underwear forcibly and committed sexual intercourse with her. Her husband Santosh Das (PW-4) returned home at about 5 p.m. She narrated him the incident. Santosh Das (PW- 4) asked the appellant why did he commit rape with his wife prosecutrix (PW-1)? On this, the appellant committed marpeet with Santosh Das (PW-4). Prosecutrix (PW-1) lodged First Information Report (Ex. P-l) in Police Station Bankimongara. Prosecutrix (PW-1) was sent to District Hospital, Korba for medical examination vide Ex. P-11. Dr. S. Shrivastava (PW-10) examined prosecutrix (PW-1) and gave her report (Ex. P-18), in which, she found abrasions on face, nose and right side of neck and tenderness around the abrasions. She also prepared two slides of vaginal swab of prosecutrix (PW-1). The slides were sealed and handed over to Constable for chemical examination. The appellant was also sent to Primary Health Centre, Bankimongara for medical examination vide Ex. P-8. Dr. R. S.Kanwar (PW-3) examined the appellant and gave his report (Ex. P-8A), in which, he found one abrasion, 1/2" x 1/8", semi-circular, below the right eye and another abrasion, 1/2" xl/8" on the right side of neck. He opined that the appellant was capable of committing sexual intercourse. Santosh Das (PW-4) was also sent to PHC, Bankimongara for medical examination. Dr. R. S. Kanwar (PW-3) examined Santosh Das (PW-4) and gave his report (Ex. P-9A), in which, he found one abrasion, 1/2" xl/2" on back of the shoulder. In further investigation, spot-maps (Ex. P- 5 and P-17) were prepared. Saree, petticoat, blouse and underwear of prosecutrix (PW-1) were seized from her vide Ex. P-4. Pant and underwear of the appellant were seized from him vide Ex. P-7. Vaginal slides of prosecutrix (PW-1) were also seized vide Ex. P- 12 The seized articles were sent to Forensic Science Laboratory, Raipur for examination vide Ex. P-14. Report (Ex. P-15) was received therefrom. In Ex. P-15, it is mentioned that article A4 - underwear of prosecutrix (PW-1) and article B -slide of vaginal swab of prosecutrix (PW-1) were smeared with human spermatozoa. After completion of the investigation, charge-sheet was filed against the appellant in the Court of Judicial Magistrate First Class, Katghora, who, in turn, committed the case to the Court of Sessions Judge, Bilaspur, who conducted the trial and convicted and sentenced the appellant as mentioned above.

(3.) ON the other hand, Shri Vinay Harit, learned Deputy Advocate General and Smt. Madhunrsha Singh, learned Panel Lawyer for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded to the appellant do not warrant any interference by this Court.