KISHAN Vs. STATE O

JUDGEMENT

(1.) AMAR Saran and S. K. Jain, JJ. Heard learned Counsel for the appellant, learned AGA for the State and perused the record.

(2.) APPELLANT Kishan is seeking bail in this appeal against the judgment and order dated 26. 7. 2006 passed by learned Additional Sessions Judge Court No. 2, Aligarh in S. T. No. 6 of 1999, State v. Kishan under sections 307, 376 IPC and 3 (12) SC/st Act, P. S. Banna Devi, District Aligarh, whereby the appellant has been convicted for the charges under sections 323, 376 IPC and section 3 (2) (5) SC/st Act and sentenced for the offence under section 376 IPC to undergo R. I. for a period of ten years along with fine of Rs. 5,000/- and in default of payment of fine six months R. I. , for the offence under section 323 IPC he was sentenced to pay a fine of Rs. 1,000/- and in default of payment of fine one month's simple imprisonment and for the offence under section 3 (2) (5) SC/st Act he has been sentenced to imprisonment for life along with fine of Rs. 5,000/- and in default of payment of fine six months R. I.

(3.) PER contra, learned AGA argued that perusal of injury report of Kanti Devi suggests that on the date of occurrence she had suffered one lacerated wound 2. 5 cm. x. 5 cm. x muscle deep on left side near vagina, a lacerated wound 3 cm. x. 5 cm. muscle deep around the anus, which was bleeding. She had also suffered lacerated wound inside the vagina near left labia numora 3 cm. lenear abrasion. The prosecutrix has supported the prosecution story and her statement is corroborated by the medical evidence on record. It is now well settled principle of law that conviction can be sustained on the sole testimony of the prosecutrix, if it inspires confidence.