TIJURAM YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 05-05-2005 passed by the Additional Sessions Judge, Dhamtari, the then Sessions Division Raipur, C.G. in Sessions Trial No.315/2004 whereby & whereunder the learned trial Judge after holding the appellant guilty for committing rape with the prosecutrix (PW-4) (name not mentioned) convicted him under Section 376(1) of the Indian Penal Code, 1860 (in short 'the IPC') and sentenced the appellant to undergo rigorous imprisonment for 7 years and to pay fine of Rs.200/-, in default of payment of fine, to further undergo rigorous imprisonment for 1 month.

(2.) The conviction is impugned on the ground that without their being any iota of evidence, the trial Court has convicted and sentenced the appellant as aforesaid mentioned and thereby committed illegality.

(3.) As per case of prosecution, on 08-08-2004 at about 6.00 p.m. when the prosecutrix (PW-4), a married woman residing with her parents, was all alone in home the appellant came and took the prosecutrix (PW-4) inside the house and after removing her clothes committed forcefull sexual intercourse and threatened her to not to say anything for the incident to anyone. Thereafter, when the mother of the prosecutrix came, she informed her the entire incident. On 09-08-2004, the prosecutrix (PW-4) reached to Police Station Arjuni and lodged First Information Report (Ex.-P/5). Arjuni police registered the crime No.213/04 against the appellant and thereafter the prosecutrix (PW-4) was sent for medical examination after necessary consent by the father of the prosecurtix. Doctor Asha Tripathi (PW-12) examined the prosecutrix (PW-4) and noticed no any injury over body and private part in her medical report, Ex.-P/3. She opined that there is no any positive sign of rape as she was a married lady. Doctor also prepared slides from vaginal swab, duly sealed and handed it over to concerned Constable for chemical analysis. The statement of witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 (in short 'the Code'). Spot map was prepared. The accused/appellant was arrested. He was sent for medical examination. Doctor R.H.Mishra(PW-14) after examination gave report Ex.-P/10A wherein he opined that the accused/appellant was capable of committing intercourse.