STATE Vs. PANKAJ CHAUDHARY

JUDGEMENT

(1.) THE State in Criminal Appeal No.813/2011 and the Appellant ( hereafter "Pankaj Chaudhary") in Criminal Appeal No.993/2009 impugn the judgment dated 12.11.2009 and the order on sentence dated 16.11.2009 whereby the latter, (i.e Pankaj Chaudhary) was convicted for the offence punishable under Sections 376 and 377 read with Section 511 Indian Penal Code (IPC). THE Appellant was further convicted for the offence punishable under Section 506 IPC. He was awarded various terms of imprisonment for different offences.

(2.) THE State is aggrieved by the impugned judgment on the ground that the Trial Court fell into error and committed a grave illegality in holding that since the hymen of the prosecutrix was intact; rape could not have been committed. It is urged on behalf of the State that the slightest penetration is sufficient to constitute the offence of rape and in cases of a small girl the hymen is situated deeply because of the rotundity of the labia majora on account of excessive fat content. It is urged that in view of the prosecutrixs testimony that Pankaj Chaudhary had struck his private part against her private part, the offence of rape was complete. Thus, the State avers that the Appellant ought to have been convicted for the offence of rape and carnal intercourse against the order of nature and not merely for an attempt.

(3.) ON the next day the police was informed. The Statement of the prosecutrix Ex.PW-3/A was recorded by Inspector Alka Azad, who made her endorsement for registration of a case under Section 376/377 and 506 IPC.