POONEM KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dtd. 31/5/2001 passed by the 5th Additional Sessions Judge, Bilaspur, C.G. in S.T. No.29/2001 convicting the accused/appellant under Sec. 376 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo R.I. for 7 years and fine of Rs.100.00, in default to undergo additional R.I. for 5 days.

(2.) Case of the prosecution in brief is that on 12/11/2000, at around 6:30 pm, when the prosecutrix was all alone in her home and her husband Narendra PW-2 had gone out with his son, aged about three years and brother Bhupendra, aged about four years for showing them dance in the neighbourhood, the accused/appellant entered the house of the prosecutrix, slammed her on the ground and when she tried to raise cries, stuffed her Saree into her mouth and committed forcible sexual intercourse with her. Thereafter, when the prosecutrix took out the Saree from her mouth and started raising cries, the appellant assaulted her with shoes. Hearing the cries of the prosecutrix, her husband came there upon which the appellant fled from the spot. Thereafter, PW-3 Moolchand, PW-4 Hirdyaram, PW-5 Radhelal, PW-9 Kunjram and PW-10 Lalji also reached the spot whom the prosecutrix and her husband Narendra narrated the entire incident. At the instance of the prosecutrix, FIR Ex.P-1 was registered on the next day i.e. 13/11/2000. During investigation, after obtaining consent of the prosecutrix (Ex.P-3) her medical examination was got done vide Ex.P-5A, according to which Dr. Smt. K. Nehral (PW-7) noticed one old abrasion over forehead of the prosecutrix, one abrasion over her neck, one abrasion over back of her right elbow and swelling over left fore arm. All these injuries were simple in nature.

(3.) On internal examination, the Doctor did not notice any injury on her private parts. The vaginal slide of the prosecutrix was prepared and sent for medical examination. The Doctor did not give any definite opinion regarding recent rape. After arrest of the accused/appellant his medical examination was also done and as per Ex.P-10, he was found capable of performing sexual intercourse. As per Ex.P-2, Peticoat, blouse and Saree of prosecutrix were seized in presence of witnesses. As per Ex.P-3, the vaginal slide given by the Doctor was seized. As per Exs.P-8 & P-9 broken pieces of bangles and ear-rings were seized from the place of occurrence. As per Ex.P-16, underwear of the appellant worn at the time of incident was seized. Statements of the witnesses were recorded. After completion of investigation charge sheet was filed against the accused/appellant under Sec. 376 of IPC. However, while framing charge the trial Court framed charge against the accused/appellant under Sec. 376 of IPC. The accused/appellant abjured his guilt and prayed for trial.