CHEERFULSON SNAITANG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The principal ground urged in this appeal is that though the appellant has been found guilty of having committed rape and sentenced to ten years' imprisonment and payment of fine of Rs.25,000.00 (in default to suffer imprisonment for an additional six months), no case of penetration in terms of Sec. 375 of the Indian Penal Code, 1860 was made out.

(2.) The matter pertains to an incident of 23/9/2006 in respect whereof a complaint was lodged on September 30, 2006, whereupon the minor victim was medically examined on 1/10/2006. Such examination revealed that the victim's vagina was tender and red and her hymen was ruptured. The opinion rendered by the medical examiner was that the girl had been raped and was suffering from mental trauma. The medical examiner substantiated his opinion in course of his evidence at the trial and maintained that the nature of the tear of the hymen in this case indicated that it was upon being pushed by a foreign body and not due to the victim being involved in any arduous sporting activity.

(3.) The first information report came to be lodged upon a women's organisation in the locality coming to know of the incident. Indeed, the complaint referred to the appellant herein having confessed to the commission of the crime before the local Dorbar. The investigating officer also deposed at the trial to the effect that the appellant had confessed that he had committed the offence. However, since such extra-judicial confession could not have been taken cognizance of, the trial court merely referred to the statement rendered by the appellant under Sec. 164 of the Code of Criminal Procedure, 1973, wherein he clearly admitted to having raped the victim.