GUDDA Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred this appeal assailing the judgment of conviction and order of sentence dated 09.05.1998 passed by the Additional Sessions Judge, Surajpur, District Sarguja in Sessions Trial No. 163/97, whereby & whereunder the trial Court after holding the appellant guilty for commission of rape and trespass the house of the prosecutrix, convicted him under Sections 376(1) and 450 of the IPC and sentenced him to undergo R.I. for seven years and to pay fine of Rs.2,000/-, in default of payment of fine to undergo additional R.I. for six months and to undergo R.I. for five years and to fine of Rs.1,000/-, in default of payment of fine to undergo additional R.I. for three months. Both sentences were directed to run concurrently.

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

(3.) As per case of prosecution on 22.01.1997 at about 11.00 a.m., the appellant entered the house of the prosecutrix and committed sexual intercourse upon her. At that time her mother and father were not present at home. It was alleged that just after completion of the said offence, mother of the prosecutrix namely Indira Bai (PW-2) came to her house and saw the appellant running away from her house, after the said incident. First Information Report (Ex.P-1) was lodged in the police station, Surajpur and the prosecutrix was sent for medical examination to Community Health Centre, Surajpur vide Ex.P- 6/A, where lady Dr. Pratibha Jain (PW-5) examined the prosecutrix and found her hymen intact and no injury was found on her private part or over external body. She has not given any definite opinion regarding commission of sexual intercourse. Doctor prepared slide of vaginal swab and handed over to the concerned constable which was seized vide Ex.P- 17. For ascertaining the age of the prosecutrix, radiological test and X-ray were conducted vide Exs. P-10 and P-11. Spot map was prepared vide Ex.P-13. Accused was taken into custody vide Ex.P-15. He was also sent for medical examination to Community Health Centre, Surajpur vide Ex.P-14, where Dr. K.N. Sharma (PW-10) examined him who gave his opinion that the accused was able to perform sexual intercourse. His underwear was seized vide Ex.P-9. Seized articles were sent for chemical examination to Forensic Science Laboratory, Sagar vide Ex.P-18 and report thereof has been received vide Ex.P-19.