UMESH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Appellant stands convicted under Section 376 and 450 IPC to life imprisonment with fine of Rs. 5000/- and 10 years rigorous imprisonment with fine of Rs. 2000/- respectively by the Second Additional Sessions Judge, Raigarh, dated 17.5.2002 in Sessions Trial No. 97 of 1999.

(2.) According to prosecutrix (PW-1) who was the informant, she along with her husband and others were watching video in the village at night on 6.10.1998. She returned home alone about 10:00 - 11:00 pm. The Appellant came and knocked at about 2:00 am on 7.10.1998. The prosecutrix opened the door and after entering the Appellant sexually assaulted her. Hearing her screams Patiram (PW-3) came running followed by her husband Suresh (PW-2). The Appellant was apprehended on the spot.

(3.) The petticoat of the prosecutrix was sent for forensic examination. It confirmed presence of semen. The underwear of the Appellant was seized two days later on 9.10.1998. The FSL report was negative. The prosecutrix was medically examined on 8.10.1998. No external injury was found on her person and the Doctor opined that no definite opinion could be given regarding rape as she was habituated to sexual intercourse.