ANIMESH Vs. STATE OF MADHYA PRADESH (NOW CHHATTISGARH)

JUDGEMENT

(1.) This appeal is directed against the judgment dated 10.7.2000 passed by the Special/Sessions Judge, Jagdalpur in Case No.4 of 1999 convicting and sentencing the Appellant as under:

(2.) As per the prosecution case, on 2.11.1998 at about 10:00 a.m., the prosecutrix (PW1), aged about 16 years had gone with her younger brother Renuram, aged about 6 years towards the jungle for grazing their cattle. At that time, the Appellant came there, he threatened her younger brother and thereafter he committed rape with her. She returned home and told the whole incident to her parents. First Information Report (Ex.P1) was lodged by her. She was medically examined by Dr. Parmeshwari Lal (PW4). Her report is Ex.P2 in which she found one abrasion with redness over right side of breast of the prosecutrix. In internal examination of the prosecutrix, she found that perianal tearing in the vagina was present at 6 O'clock position in cm. x ¼ cm. size. She also found that hymen was ruptured at many places and the vagina was admitting only one finger. She could not give definite opinion regarding rape with the prosecutrix. She also examined petticoat of the prosecutrix and found stains of sperm thereon. She advised for chemical examination of the petticoat. She prepared vaginal slides and handed over to the police. The Appellant was medically examined by Dr. M.S. Kanwar (PW5). His report is Ex.P3 in which he found the Appellant to be capable of performing sexual intercourse. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. The petticoat of the prosecutrix and her vaginal slides were sent for chemical examination to the Forensic Science Laboratory, but no FSL report is available on record. On completion of the investigation, a charge-sheet was filed against the Appellant for offence punishable under Section 376 of the Indian Penal Code and under Section 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. Charge was framed against him under Section 376 of the Indian Penal Code.

(3.) To rope in the Appellant, the prosecution examined as many as 7 witnesses. Statement of the Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the guilt and pleaded innocence. No witness has been examined in his defence.