MOHIT RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentences dated 04.12.2001 passed by learned Sessions Judge, Durg (C.G.) in Sessions Trial No. 101/2001, the appellant stands convicted and sentenced as under:-

(2.) Brief facts of the case are that the prosecutrix (PW-2) is aged about 26 years. On 21.1.2001, First Information Report (Ex.-P/2) was lodged by the prosecutrix (PW-2) alleging in it that accused/appellant committed rape upon her. As per FIR (Ex.-P/2), on the date of incident i.e. on 21.1.2001 at about 9:30 AM, her husband had gone to answer the call of nature, her mother-in-law was going to pond for washing clothes, her father-in-law had also gone to village and her small children were watching TV in another room and the prosecutrix was cleaning her room. At that time, the accused/appellant entered into her house saying that a letter has come from village Khamariya and the same was given to her. As soon as she read the letter, the accused forcibly caught her. When she cried, the accused gaged her mouth and threw on the ground of the room and committed forcible sexual intercourse with her. When she was resisting the accused, her husband came there and saw the accused was committing rape with her wife. Her husband tried to caught the accused, but he (accused) anyhow fled away from there. At the time of catching the accused, her bangles were broken and her head and wrist were injured. Thereafter, she promptly lodged the FIR (Ex.-P/2) against the accused/appellant.

(3.) The investigating Officer- Mahalaxmi Kuldeep (PW-6) left for the scene occurrence on 21.1.2001 and prepared muaka-naksha (Ex.-P/7). Spot map (Ex.- P/20) was prepared by Patwari - Kriparam Sahu (PW-7). The prosecutrix was sent for her medical examination to Community Health Center, Gunderdehi. She was examined by Dr.(Smt.) Bhanu Deshlahra (PW-8). Doctor found that on external injury, there was bleeding and pain present on the left frontal region, size 1 cm x 1.5 cm; abrasion present of the left forearm. There is no internal injury was present. Hymen was ruptured (old) and sign of habitual intercourse. Vaginal slide and smear of the prosecutrix were prepared and handed over to the concerned police officer and advised for their chemical examination to Forensic Science Laboratory. Her report dated 22.1.2001 marked as Ex.-P/21. On the same day, Doctor also examined the peticoat (Ex.-P/22)of the prosecutrix. She found that white stains and bleeding were present on the many spaces of anterior and post portion of the peticoat and advised for chemical examination.