RAM PRABHU SHARMA Vs. STATE

JUDGEMENT

(1.) THE appellant is aggrieved by the impugned judgment and order of sentence dated 05.4.2003 and 17.4.2003 respectively wherein he has been convicted under Section 376 of the IPC and has been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs.50,000/ - in default of payment of fine to undergo SI for 1 year.

(2.) RECORD shows that as per the version of the prosecutrix (PW -3) on 07.7.2001 at about 9.00 a.m. she was called by the appellant to his house at Quarter No.14/1 Vayusenabad on the pretext of getting her a job; he told that she has to spent Rs.10,000/ -; she told him that she does not have the money; he stated that in lieu of getting her a job she would have to serve him; at that point of time the appellant took off her salwar and raped her from behind. She was in pain and bleeding but the appellant continued with the act. Thereafter the appellant absconded and he finally surrendered only on 11.10.2001.

(3.) THE investigating officer SI Balraj Singh was examined as PW -7. He had recorded the statement of the victim and had sent her for medical examination. The medical evidence which is the MLC Ex.PW -8/A had confirmed the act of rape as the hymen of the victim had been torn and she was found bleeding. There was, however, no unnatural intercourse through the anus.