RAM SINGH YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is, directed against the judgment dated 27.4.2005 passed by the Additional Sessions Judge, (FTC) Pendra Road, District Bilaspur, in Sessions Trial No. 287/2004 convicting the accused/appellant under Sections 376 (1) and 506 (B) of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs. 200 under section 376 and to undergo rigorous imprisonment for two years and pay fine of Rs. 100 under section 506-B of the Indian Penal Code, with default stipulations.

(2.) Case of the prosecution in brief is that on 8.6.2004 in the night when the prosecu prosecutrix (PW-4) was sleeping with her children, the accused/appellant who happens to be her elder brother-in-law of the came to her house at about 10-11 p.m., removed her cloths and committed rape on her. Immediately after the incident, prosecutrix narrated the entire story to Sukwariya Bai (PW-7) and thereafter in the early morning to her mother-in-law Phool Bal (PW-6) and husband Ramesh Kumar (PW-10). On 9.6.2004 FIR (Ex. P-9) was lodged On 10.6.2006 she was sent for medical examination to Government Hospital, Gaurela vide Ex. P-12 where Dr. Nalni Singh (PW- 5) examined her and opined that no sign of resistance was present on her body. Hymen was found to be old ruptured: two fingers easily entered her vagina and she was habitual to sexual intercourse. Accused/appellant was also sent for medical examination to Primary Health Centre, Gaurela vide Ex. P-13 where Dr. N.S Paikra (PW-1) examined him and opined that he was capable performing sexual intercourse. Vaginal slides were prepared and sent for chemical examination vide Ex.p-17 and presence of spermatozoa was confirmed thereon. Cloths of the accused were also sent for chemical examination on which too presence of semen was confirmed. After recording the statements of the witnesses and completion of investigation the charge sheet was filed.

(3.) In order to prove the guilt of the accused/appellant the prosecution has examined as many as 10 witnesses. Statement of the accused/appellant was also recorded under section 313 of the Code of Criminal Procedure in which he has denied the charges levelled against him and pleaded his false implication in the case.