TRILOCHAN VERMA Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) appeal is directed against the judgment dated 28th June, 2005 delivered by Shri M. S. Kerketta. 2nd Additional Sessions Judge, Baloda Bazar, District Raipur in Sessions Case No. 16/2005 where by the appellant was convicted under section 376(2)10 of the I.P.C. and was sentenced to undergo rigorous imprison ment for 10 years and a fine of Rs. 500/-, in default to undergo additional rigorous imprisonment for 6 six months.

(2.) Briefly stated the prosecution story is that on 7-1 1-2004 at about 5,30 p.m. the prosecutrix. a girl aged about 11 years, was sent by her mother Urmila Bai P.W.I to the House of one Sitaram for returning the grinding stone. After half an hour, the prosecutrix returned home crying and told Urmila Bai P.W. 1 that while she was in the lane near the house of Lachhan Yadav, the appellant caught hold of her, took her to the badi and removing her underwear committed rape on her.

(3.) F.I.R. Ex.P.1 was lodged soon thereafter at 10,00 p.m. at Police Station Simga situated at a distance of 7 kilometers. One blue underwear having semen like stains was seized from the prosecutrix on 8-11-2004 vide Ex,P.2. The prosecutrix was sent for medical examination to Dr. Farzana. Begum P.W.6 on 8-11 -2004 who, during internal examination, found congestion on. the vulva and also found that hymen was ruptured with reddishness. There was swelling on the vagina and the examination was painful, In the opinion of Dr. Farzana Begum P.W.6 there was possibility of sexual intercourse with the prosecutrix but no definite opinion could be given. Vaginal slides were prepared and were sent for chemical analysis. One brown coloured underwear with semen like stains way also seized from the appellant on 8-11-2004. On being sent to the Forensic Science Laboratory for chemical analysis, presence of semen and human spermatozoa was confirmed on the underwear of the prosecutrix and the appellant and also on the vaginal slides. After completion of investigation, the appellant was prosoented under Section 376(2)(f) of the I.P.C.