MAHAVEER PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Charged for having raped the prosecutrix on 24/5/2010, the appellant has been convicted vide impugned judgment dtd. 9/2/2015. He has been sentenced to undergo RI for a period of seven years and pay fine in sum of Rs.10,000.00, in default of payment, to undergo RI for a period of one month.

(2.) Process of criminal law was set into motion when on 25/5/2010 at 6.00 PM the prosecutrix lodged a written complaint Ex.P-7 at Police Station Hanumangarh stating therein that her father had expired three years back and her mother had accepted the appellant as her husband. Yesterday her mother left the house for work and around 4.00 PM appellant came to their house. He told the prosecutrix to rest in the room while he prepared tea. Deceitfully he added an intoxicant in the tea. On drinking tea she became unconscious. The appellant raped her. She regained consciousness at around 7.00 PM.

(3.) On the basis of the complaint FIR Ex.P-8 for offence punishable under Sec. 376 IPC was registered. The prosecutrix was taken to the Government Hospital, Canal Colony, Hanumangarh. She was medically examined and medical examination report Ex.P-10 was prepared, as per which the prosecutrix was found to be habitual to sexual intercourse. No injury was noted on her person. Vaginal swab, vaginal slides, blood and saliva samples and salvar were handed over by the doctor to the Investigating Officer as recorded in the medical examination report Ex.P-10.