LAKHA ALIAS LAKSHMI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as the learned Public Prosecutor for the State. The matter has been examined with the assistance of Mr. S. S. Rathore, learned Public Prosecutor. The learned Public Prosecutor has pointed out the relevant documents from the perusal of which, it is apparent that accused Lakha alias Lakshmi Chand had committed sexual intercourse with Smt. Anokh Bai wife of Devilal on the fateful day i.e. 22-5-1993 against her consent. The report to this effect was lodged by prosecutrix Smt. Anokh Bai herself with P.S. Chechat, District Kota on 22-5-1993 itself at about 11.30 p.m. vide Exh. P1. On the basis of her statement the FIR vide Exh. P2 was registered with P.S. Chechat, Kota for the offence punishable under Section 456 and Section 376, IPC. The medical examination of prosecutrix-Smt. Anokh Bai was conducted vide Exh. P-3 by Dr. Ranjana Gupta and four injuries were found on her person and the clothes of the prosecutrix which she was wearing at the time of occurrence were sealed and sent to Forensic Science Laboratory for Pathological Examination. However, the report from the FSL has not come on the record. The accused-appellant Lakha was arrested on the following day of occurrence i.e. on 23-5-1993 vide Exh. P-8 by the Investigating Police.

(2.) The prosecutrix in her statement recorded by the trial Court has assigned positive role to accused Lakha and I find that her version is fully corroborated by the independent witnesses namely; Devilal PW-3 and Gordhan PW-4 apart form the medical evidence from which it is apparent that the prosecutrix had shown good deal of resistance before she was subjected to intercourse by the accused. The prosecutrix is a married lady having two children. Her husband was away to attend to his duties and was not at home and she was alone at the time when the occurrence took place.

(3.) Prima facie, I am fully convinced on the basis of the evidence adduced by the prosecution on the record as regards the commission of offence by accused-Lakha punishable under Section 456/376, IPC.