NARENDRA SAI Vs. STATE OF C.G.

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 15-02-2006 delivered by Shri Rajesh Shrivastava, Ilnd Additional Sessions Judge, (F.T.C.), Surajpur, District-Sarguja in Sessions Case Number-67/2005 whereby the appellants were convicted under Section-450 & 376(2)(g) of the IPC and were sentenced to undergo rigorous imprisonment for 10 years and to a fine of Rs. 1,000/- on each count and in default of payment of fine to undergo additional rigorous imprisonment for 1 month on each count.

(2.) BRIEFLY stated the prosecution story as unfolded by the First Information Report Ex.P-3 lodged by the prosecutrix is that Devnand husband of the prosecutrix was employed in S.A.F. at Narayanpur, District-Bastar and mostly lived away from his house situated in Village-Sundarpur where the prosecutrix lived with her

(3.) THE prosecutrix lodged F.I.R. vide Ex.P-3 at Police Station-Surajpur situated about 15 K.M. from the village. On being sent for medical examination to Dr. Rasebeula Tirkey PW-4, no external injuries were found on her person. The prosecutrix refused medical examination of her private parts since she was menstruating. Upon arrival of her husband, she made an application on 13-11-2004 vide Ex.P-6 for her medical examination. Dr. Rosebeula Tirkey, PW-4 examined the prosecutrix and found that vagina admitted two fingers easily and was non tender. The prosecutrix was menstruating. Secreations were taken from the posterior fornix of the vagina and two slides were prepared for chemical analysis. It was opined that she was habituated to sexual intercourse and was under menstruation. No definite opinion regarding recent sexual intercourse was given. One yellow Chaddi of the prosecutrix was also examined and was handed over to the Police with the advice of chemical analysis. The appellant Narendra Sai was examined by Dr. R.S.Singh PW-1 on 16-11-2004 and appellant Ram Avtar was examined by Dr. R.S. Jaiswal PW-2 on 01 -12-2004. It was opined that both the appellants were capable of performing sexual intercourse. Report of chemical analysis of vaginal slides and chaddi of the prosecutrix was not produced during trial.