RAMCHANDRA KALAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 11.7.2000 delivered by Shri G. Minhajuddin, learned 1st Additional Sessions Judge in sessions case No.74/ 2000 whereby the appellant was convicted under Section-376 I.P.C. and was sentenced to undergo R.I. for 7 years and a fine of Rs. 1,000.00, in default to undergo additional RI for six months.

(2.) Briefly stated the prosecution story is that on 16/1/2000 at about 2.30 P.M. the prosecutrix, a girl below 12 years of age was returning home from the agricultural field. The appellant caught hold of the prosecutrix and lifting her took her to a nearby field and committed rape on her. The prosecutrix attempted to shout, but the appellant gagged her mouth and threatened her. After committing rape, the appellant ran away. Due to heavy bleeding from the vaginal orifice, her chaddi, skirt and frock got stained with blood. The prosecutrix came home crying and narrated the incident to her parents. F.I.R. Ex.P. 1 was lodged by the prosecutrix at Police Station Dhamdha situated at a distance of 12 kilometers, on the same day at 6.00 P.M.

(3.) Dr. Smt. S. Rajput P.W.6 vide Ex.P. 11 examined the prosecutrix and found per vaginal examination that she was bleeding profusely. Blood clots were present inside the vagina in large quantity. Vaginal tear was also present about 4 cm. in length on the lateral wall extending up to the post-vaginal wall which was bleeding profusely. A tear was also found on the forchette about 1 cm. in length skin deep with fresh bleeding. It was opined that the injuries aforesaid could be due to forceful sexual intercourse. She also examined one cotton skirt and one cotton underwear of the prosecutrix sent by P.S. Dhamdha and found blood like stains on both and advised chemical analysis for confirmation of the nature of the stains. The appellant was examined by Dr, P.O. Chandrawanshi P.W.9 and found vide Ex. P. 14 that the appellant was capable of performing sexual intercourse. The chaddi 'Article A-1', skirt 'Article A-2 of the prosecutrix, a full pant 'Article-B' and pubic hairs 'Article-C of the appellant along with blood soil 'Article-D' and plain soil 'Article-E' were sent for medical analysis to the F.S.L Presence of the blood was confirmed on chaddi 'Article A-1, skirt 'Article A-2' of the prosecutrix and full pant 'Article-B', pubic hair 'Article-C' of the appellant and the stained soil. Presence of human spermatozoa and semen was also confirmed on the skirt, pubic hair and blood stained soil. After completion of investigation, prosecution was launched under Section 376 (2)(f) I.P.C. against the appellant who abjured the guilt, pleaded innocence and led no evidence in defence. The prosecution examined as many as 11 witnesses. The trial Judge relying upon the testimony of the prosecutrix which was dully corroborated by medical evidence, report of Forensic Science Laboratory and oral evidence, convicted and sentenced the appellant as aforesaid in para-1 (Supra).