PRAMOD KUMAR Vs. STATE

JUDGEMENT

(1.) Crl.M.A.No.4119/2016 Allowed as prayed for. Since appellant surrendered after availing interim bail, the FDR in question furnished by the surety is discharged with a direction that the endorsement thereon be cancelled. Crl.M.(Bail) No.407/2016 Since the appeal has reached for hearing and is being heard today instant application which seeks suspension of sentence is dismissed as infructuous . 1. The appellant has been convicted for the offence of having raped the prosecutrix, who happened to be the wife of the friend of the appellant.

(2.) Learned counsel for the appellant states that appellant's fate would be decided with reference to the testimony of the prosecutrix, who being a married lady was accustomed to sexual intercourse with her husband and therefore her examination as recorded in the MLC Ex.PW -7/A would be useless. As was expected, it records nothing adverse against the appellant.

(3.) Examined as PW -2, in harmony with her statement Ex.PW -2/A dated October 01, 2012, prosecutrix had deposed that appellant was a friend of her husband and used to frequent their house and in the absence of her husband came to their house on September 30, 2012. Since she was unable to conceive, appellant told her that if she established physical relations with him she would conceive. She got angry and refused. The appellant bolted the door and committed rape upon her. When her husband returned she told him of what had happened and he took her to the police station where her statement Ex.PW -2/A was recorded. From her house the blanket Ex.P -2 was seized. After she was examined by the doctors her clothes were taken in the hospital, a green coloured saree and an orange coloured petikot Ex.P -1 collectively were hers.