SHAFAT Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 03.07.2006 passed by 5th Additional Sessions Judge (FTC) Chhatarpur in S.T. No. 49/2004 convicting the appellant under section 376 of IPC for committing rape on prosecutrix aged 28 years (PW-6) and sentenced to 7 years R.I. and with fine of Rs. 1,000/- Facts of the case, in short, are that on 23.04.2003 at about 10:00 p.m. that appellant called the prosecutrix in his house for searching showing a match for her Nikah. While appellant was going on motorcycle to leave the prosecutrix at her house back, diverting the route, took her in forest and committed rape on her. The appellant was a Police Constable and posted at Police Station Gulganj District Chhatarpur. The prosecutrix was divorced by her husband 4 years back, after 10 years of marriage.

(2.) On 24.04.2003 the prosecutrix (PW-6) approached the police next day of the incident along with report in writing. Later on submitted some more such reports. A case was registered on 27.05.2003 against appellant and his brother under section 376 and 506-B of IPC at Crime No. 01/2003 vide FIR Ex.P-6.

(3.) On 28.05.2003 vide Ex.P-4 case was registered at Crime No. 0/03 at Police Station Gulganj. On 28.05.2003 prosecutrix was sent for her medical examination. Lady doctor prepared slides her vaginal swab Vide Ex. P-7 is her MLC report and was also sent for recording her statement by Sub Divisional Magistrate Bijawar. Slides of vaginal swab of prosecutrix was sent for FSL Sagar for chemical examination, Ex.P-13 is FSL report. Appellant was arrested on 11.06.2003 and was sent for his medical examination Ex. P-14 is his MLC report.