BODAN Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted vide judgment dated 28.2.1980 for the offence under Sec. 376 Penal Code and sentenced to four years rigorous imprisonment by the learned Sessions Judge, Bharatpur.

(2.) The facts out of which the case arises are that Mst. Laxmi went to the fields for meeting the call of nature on 30th Oct., 1978 at about 6.03 P.M. in village Padola, which comes under the police station, Kumher and at that time the accused appellant came there and caught hold of her and committed rape upon her. According to her, her mouth was pressed by the accused and when the mouth was released, the shouted and the witnesses Bihari Lal, Devi Singh and Rajendra came there She went to her house and complained of the matter to her mother-in-law. Both went to the house of the appellant to inform his father about what the appellant had done, but were sent back. On the next day the husband and father-in law of the prosecutrix Laxmi came from the place of their postings and they were informed about the incident then the First Information Report was lodged at police station, Kumher on 31.10.78 at about 4.00 P.M. The prosecutrix Laxmi was examined by a Doctor who found abrasion on the left scapular region and besides this, there was multiple abrasions 1 cm to 2 cm x 1/4cm received on the posterior aspect of the right forearm lower one fourth, blackish in colour.

(3.) The learned Sessions Judge after considering the evidence produced in the case, was of the opinion that it is not necessary that there should be injury on the private parts of a grown up woman, if she had been raped by one man only and when the abrasion on the body of the prosecutrix could have caused due to the forcible intercourse with her, he was guilty.