DWARIKA Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 03.02.1998 passed by the Additional Sessions Judge, Balodabazar, District Raipur in Sessions Trial No. 9/97, whereby the trial Court has convicted the appellant under Section 376(1) of the IPC and sentenced him to undergo R.I. for seven years and to pay fine of Rs.1,000/-, in default of payment of fine, to undergo additional R.I. for six months.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted & sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of prosecution, on 11.10.1996 at about 8.30 p.m. prosecutrix was suffering from abdominal pain. She went to backyard (kolabadi), which is behind her house for giving the answer to call of nature. At that time, accused/appellant came there, caught hold of her hand and told her to come to badi. When she refused, the accused dragged her into Sitaram's badi, which is adjacent to her kolabadi. Thereafter, she screamed, then accused gagged her mouth, put her down on ground, removed her petticoat and shawl from her body and committed sexual intercourse. At this juncture, her husband Ram Prasad (PW-2) came there, he put on torch, then accused fled away from the spot. She narrated the incident to her husband Ram Prasad (PW-2) and thereafter to Veersingh (PW-7) and Ram Narayan. Prosecutrix lodged FIR vide Ex.P-1 at police station, Bhatapara (Gramin). Police sent her for medical examination after obtaining her husband's consent vide Ex.P-4 to Govt. Hospital, Bhatapara vide Ex.P-5A. Dr. (Smt.) Anita Verma (PW-3) examined the prosecutrix vide Ex.P-5 and found that there is no mark of external injury over her private part, vagina admitted two fingers easily. She opined that the prosecutrix was habitual to intercourse and there is no symptom of recent intercourse. Her petticoat and blouse were seized vide Ex.P-2. Broken bangles were seized from the spot vide Ex.P-8. Sealed slides of vaginal swab were seized vide Ex.P-9. Spot map was prepared vide Ex.P-12. Patwari prepared spot map vide Ex.P-3.