HUKUM SINGH Vs. STATE OF C.G.

JUDGEMENT

(1.) THE Appellant in this appeal is challenging the legality, validity and propriety of the judgment dated 25.9.2006 passed by the Additional Sessions Judge, Durg in Sessions Trial No. 248/2005 convicting the accused/Appellant under Section 376(1) of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years with fine of Rs. 500, in default of payment of fine to further undergo simple imprisonment for six months.

(2.) FACTS of the case in brief are that on 1.8.2005 FIR Ex. P-13 was lodged by the prosecutrix to the effect that on 30.7.2005 when she was at home, the accused/Appellant who happens to be her father-in-law came to her, offered her some sweet and thereafter committed rape on her. Further case of the prosecution is that when in the night she was sleeping with her husband, accused/Appellant again came there and set her on fire. Thereafter, she was sent for medical examination to District Hospital, Durg where Dr. (Smt.) Shobha Rajput (P.W. 10) examined her and gave her report Ex. P-10. In the medical report, the doctor has opined that the prosecutrix was having 40 per cent burn injuries, her secondary sexual characteristics were fully developed, hymen was absent and two fingers easily entered her vagina. Accused/Appellant was also sent for medical examination to Community Health Centre, Ahiwara where Dr. Dushyant Khosla examined him and vide his report Ex. P-24 he opined that he was capable of performing sexual intercourse. Vaginal slides were prepared and sent for chemical examination vide Ex. P-21 and the report of the chemical analyzer is Ex. P-23. Thereafter, on completion of investigation charge sheet was filed against the accused/Appellant.

(3.) AFTER hearing the parties the trial Court has convicted and sentenced the accused/Appellant as mentioned above. However, he has been acquitted of the charge under Section 307 IPC.