KULWANT Vs. STATE OF M P (NOW CHHATTISGARH)

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20.7.1999 passed by the Additional Sessions Judge, Balod, District Durg in Sessions Trial No.90 of 1999 convicting and sentencing the Appellant as under:

(2.) Facts of the case, in brief, are that the prosecutrix (PW1), a girl aged about 16 years, was alone at her house. She was residing with her elder sister Vimlabai (PW2) and Vimlabai's husband Udhoram (PW3). On 24.11.1998, Vimlabai had gone to the field and Udhoram had gone to Balod to purchase some articles. At that time, the prosecutrix was alone at the house. At that time, the Appellant was distributing slips to the voters regarding election. Allegedly, the Appellant came to the house of the prosecutrix and gave her a slip. Thereafter, he caught her hand, took her inside the room and threw her down on a cot. She tried to shout, but he inserted a bed-sheet in her mouth and threatened her. Thereafter, he committed forcible sexual intercourse with her. She received injuries on her person and blood also oozed out. Thereafter, the Appellant fled from there. Later on, Vimlabai and Udhoram returned home. She told them about the incident. Udhoram went to the house of the Appellant and complained about the incident to the father of the Appellant. Allegedly, at that time, the Appellant accepted his guilt. First Information Report (Ex.P1) was lodged by the prosecutrix. Her sameez and skirt were seized vide Ex.P2. She was medically examined by Dr. Shashi Cladius (PW9). Her report is Ex.P10A in which she did not find any bodily injury. She found that hymen of the prosecutrix was old ruptured. Her vagina was admitting 2 fingers easily. She was habitual to sexual intercourse. No definite opinion could be given regarding recent sexual intercourse with her. Full-pant and underwear of the Appellant were seized vide Ex.P7. The Appellant was examined by Dr. L.L. Markande (PW5). His report is Ex.P8 in which he found that the Appellant was capable to perform sexual intercourse. He also found a lacerated wound on the private part of the Appellant. 2 abrasions were also found on the penis of the Appellant. Stains of blood were also present there. He also examined the underwear and full-pant of the Appellant. His report in this regard is Ex.P9 in which he found blood like stains on those 2 clothes. From the room in which the alleged incident had taken place, a cover of kathari (bed-sheet) was seized vide Ex.P5. The kathari, the sameez and skirt were examined by Dr. Shashi Cladius (PW9). Her reports in this regard are Ex.P11A and P12A in which she found blood like stains on those clothes. The seized articles were sent to the Forensic Science Laboratory for chemical examination. The FSL report is Ex.P13. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the Appellant for offence punishable under Sections 450 and 376 of the Indian Penal Code. Charges were framed against him under Sections 450 and 376(1) of the Indian Penal Code.

(3.) To rope in the Appellant, the prosecution examined as many as 9 witnesses. Statement of the Appellant was also recorded under Section 313 Cr.P.C. in which he denied the guilt and pleaded innocence. No witness has been examined in his defence.