§§EGH C£3URT OF CHEATTlStiARl-l AT BILASPUR $13 Rev, Mg. 10$9I2004 ‘ APPELLANT Guddu @ Ramkumar Versus RESPONDENT Stat€ of Chhattisgarh $ JUDGMEN’E Post forjudgmsnt 01:24.042009 Sd/— R.L. Jhanwar Judge 26+ 4.2009 KNEE-E CGURT OF CHHATTI$GARH AT BILASPUR i CL Rev; No. 1059§2004 s3: HGE’Me Shxi Justice R.L. Jhanwax holding th6 appsllant guiity for csmmission of m6 offanm of rape, aconvict-ed him 11116161" Sécfiou 376 of tha IPC and senmncai i0 uniisrgo EH. for 7 ysals aim ‘50 pay a fme of R3500] — &. m d€fau1t 1,0 further undergo RL for 6 months. A??ELLAA¥? Guddu @ Ramkumar s/o Brmhadso, 1‘ agf, about 21 years, Rgo Gorta, ‘ ”314% Lakhanpur, Distlict Sarguja(CG) Versus V 1‘ i REgwMwEm ‘ State of Chhamsgarh Through Rs. 4 ‘ Lakhagpur, Sarguja(CG) CREMENAL .‘ E3EEAL UfS 374mg (SF THE CGDE $F CRINHNAL E’RGCEQ'URE ' E§E3a§égca g Shn' Arun Kochar and $hx‘i Rishi Rahul 80111, counsel for the aype’éEant. ‘ Shri U.K.S.Cha;1d€1) Paiml LaWyel” for th€ Smia JEEBGMENT QR £43009} ’ \ R$J§mmvw$ J” \ This app€al 1s (inecmd against the judgmsnt of conwcuon 3138} ordsr of santancg datad 30.11.2GO4; passsed by $116 Séssimm‘ F Juége; Sarguja {Ambikapur}, Dis’m'ct Sarguja (CG) in 1 S.T.No.325f 2004, Vwhsrsby the lsaiimd Sessions Jucig€ aftsr ‘rrw ‘xm‘: caSs of the prOSacut-ion iii brief is thai tha prosaé 1trix, agcci about 14 years, was 'rwiciing Witl her parmrts in Villagé — r. Bharatpur. S116 was studying in Class 6th. On account of summar halklays, 011 the date of incident i.€. 3.5.2G04, She was goigg along Witii Q11a11€shwa1i Ramkali and Boleram for grazing the cattle. At abouti 5.0G pm. Whsn tha Carib started proceeding towarde heuse; the ac ueec§ came there, caught hoki of the prosecutrix emd teak her to the agriculturai fields, Whefx the prosecutrix tried to raise hue ami cry, the accused gagged her mouth aud €11ereafter commi§te§1 forcible sexual intercouyse with her. Thereafter; he took the ymsecutxix to‘ the house of Dhaneshwali where'her mother, father amj elder sister came arid on seeing them, he left 1:11, prosecamix. The prosecutrix disclosed the mcident to her parents and sieter; thereafter, a Fire? Informatio‘a» Repozt was lodged asld an offemce Lmder Sectioo 376 of {fie IPC was V'i‘egistereéi and investigafioe took mace. Daymg i11e coeese of mvestigaiion, the prosecutrix Was medically examiaed; me report is EX.P/ 2. Vagmal slide axed um‘ler—weaj of the ptoseeutrix were sent for exammation. Site plaxl was ared under ExPi-lz Statements of the Witnesses were recordec‘i and the accused was westeci umber EXP/ 13 and was setzt. for medical examLeation, Fis medical exaiziiaatjon yeport is EX. Pf 1. The reports of the Forei'tsic $cie11ce Labcratoty, Raipur are EX.P;’24 and EX. W25. Aftet compietiom of the usual investigation, a charge sheet was tiled ‘ $v; ;w the Cam“: of C.JIM., who committed the case to the Sessiczis Juage fer A charge uttder Secticn 376 of the. EPC was framed against the ”(mused The accused abjured the guilt axial his defense was mar: l 4 he has been falsely imtilicatecl in the ctiine. After completion of the trial, the Court below found the appellant guilt‘v for committixig the offence of rape, therefore, i and sentenced him. 1 p ‘ E havc‘ hawd 16am1ed ccunse‘: fer the partias at length and havd also perused the meords of £116 Sessions Court. ; So fay a$ avidance of tha prosacutrix is concem€d, shE has statdd tha‘i she kmew Q16 accused. She also mentionsd the name. of the accusai She statsé tha: she had gens along with her asseb'atss i to graze the cattls in the iields. Wham they reachéd near $36 bank of Chmnai river, at that ting the accusai ca s and caugut 1 110k: t 1 of her anc€ tock ha to‘ the agliculmrai fiekl, which was a? aldistance of about 2 kms. The accusai took her to a Nala, There W'és a big pi‘; near aihe Pfafa. The accused gagged her mouth Wifh a halldkerehief ahd laid down her There agd after removing his Clofhgs and the Clothes of the prosecutn‘x; oommhted sexual iniercourse agains’r‘ her var. She has stated that befme this ix).cis:{ent) this type of act was never done with her, She stated that neg“ Cremee aed bahgles were broken there, which were Seized {luring the course of mveetigation. She has further stated that thereafter) the aceueed took her to the house of Dhaaleshwari, where her mother, father anc‘i sister oajne and she narrated the 7 ident to them. Thereafter, they Went to the Police Station and report was lodged, which is evident from the FIR. mat has been proved by her and the investigating Offloer— B.P.Yadav(PW—9). She hae also stated about the Seizure, She has stated that there was pain in the vagina. m cross-examlination also) the prosecutrix had stated the above facts The prosecutrix denied the suggestions that marriage was not possible between her and the aocused therefore; she is faise There appears some contradiction in the statement of the proseoutiix in the eeurt and the statement given to the Police. But those contradictions are minor and not on the vital points. Shanti Bai (PW—5), mother and Vishvanath (PW—7) father of the gn‘osecutiix have also supported the case of the prosecution. They have stated that the prosecutiix had narrated the hidden? to them and thereafte when thev enquired from the accused he r aphcating the accused in the crime. r h r ‘side tha house of Dhaneshwaui This conduct of ths acc115,¢:.d impiicates him in T116 crime; otherwiim hc would havs denied this {act Dr. S1111; Sariia/‘Singh (PW—11); who has examined th€ proszacutn'x, ’1as dgpased that on 4.5.2004, sh€ cxamined ths gaméecutlibi, agtcd abcm‘i 14 yEars, ThEm was no mark of mjuxy on he? bmly. The hymén was intact €md there was; r€d colour mark on tho. hymrsn no. complaint of yak“; Thom wa$ no internal mjury WV“ .iilrther State(?L that a elide of vaginal discharge was prepared k f i anri it was sent for chemical exammai'ion, She opined tilat attempt was made to commit rape. She also stated that there was congestion in the Vagina, in her croas eXamination, she stated that the ixijuiy cannot be sustained by putting a finger. She further stated that some times it happens that the hymeu cannot zupt‘ure even after commission of rape. She has stated in her reexamination that in case of a minor, generally after penetration, the hymen is ruptured but in some cases, it is not necessary. Reports of Semlogist, EX. P/24 and P/25 support the fact of penetration. in those reimrts, on the vaginal slide and clothes of the prosecutrix, semen and spermatozoa have been found. Hon’ble. the Apex Cotut in the matter of Aman Kumm and anothex Vs. State of Hazyana reported in 2004 Cr.L.R. (SC) 207 has observed in para ?’ that " The mpture of hymen is by no means necessary to constitute the offaice of rape. Even a slight penetration in the yuiva is sufficient to constitute the ojjfence of rape and mpture of hymen is not necessary. Vulva penetration with or without vioience is as much rape as vaginal penetration. The statue merely required evidence of penetration) and. this may occur with the hymen remaining intact. The actus reus is complete with penetration. It is well settled that. the prosecutrix cannot be oonsidere& as accomplice and; therefore, her h @ ltestimony cannmf b9. equated with tha€ of an acoamplice 1 in an 0}?”ence of rapeu In examination of genital organs) ;s§aie of hymen 0}?”ers ihe mes: reliabie clue. Whs'ie Examining the hymen) certain anaiomical characterigiics ushoufd be remembered before assigm'ng any sigmji'cance § 1a the findinga The shape and the texmre 0f the hymen 11's variable. This variaifon, someiimes permits penetratim'ivwiihout injury. ‘Ir‘his is pessibie because of ihe peculiar shape 0f ifhe orifice or increased elasticity. (32$ the other hand, someiimes the hymen may be more Jiirm: less eEEzsiic and gets siretched and iaceraied earlier, Thiés a, rekiiiyely iess forcefui peneiratien may net give iise $0 injun'esprdinaiiiy possible wiih aferceful aitempt. The anatomica? feature with regard to hymen which meriis censiderazien is its anatomical simaiien. Next io hymen in posiiive impaiianoe: bui more ihan thai in ji‘equeney. or ihe injwies on. labia majora, These) viz. {abia majora are the fiisf, i0 be encountered by the male organ, They are subjecied to blunt farcefui blows; éepending on the vigour and farce used by the accused and ccuntemcted by the victim Furthei; examination of the femates for marks of injuries elsewhere on the body fmms a very important piece of evidence, To ctmstitute the offence of rape, it is not necessary that there should be complete penetration of the penis with emission of semen and mpture of hymen. Partial penetration within the Tabia majom of the vulva or pudendum with or without emission, of semen is su}??a‘ent to constitute the offence of rape as dejined in the law, The depth of penetration is immaterial in an offence punishable under Section 376 IPC.” After going through the complete evidence, I am of the opinion that the statement of the prosecutn‘x has. been duly ooiToborated with the statements of father ( PW-7 ) and mother 4 ’DW i3) mé her statemsnt has also be6n corroborateci with tha V‘ smvemem of Dr Smt Santa Smgh {PW 11\ Her evidence also fmas “import to tho modmal report EX P/2 F I R EX P/9 and the §e1oloti1<t rEno‘rt EX Pf 24 &, BX P/ 25 l do not fmd azly miirmlty 111 the elatemen’r of the plo‘secumx and statements of other Wymesees wh1ch maV d1scr€d 1t then verstons So far as the arcuments advanced by learned counse1 for the appeLant 1S. coxwemed that the prosecutlon falled to prove the offence of rape and at the most the offence comnntted by the apeeham would fall under Sectlofx 376/511 of the IPC 1t 1s not aeeentahle m the hght of ev1dence avatlab1e 011 record I do hm find anv mfmmty or rhegallty m the hnchng recorded bv tne 13ml Comt therefore the eonv1ct10n recorcled and sentence paesed ey the ma} Court are matntamedv The appeal deserves to he diemissed and i3 accordingly, dismissed w. /"’ sal— Shaw” RL ’ y HIGH COURT OF CHHATTISGARH, BILASPUR 8.3. : HON’BLE SHRI R. L. JHANWAR, J. i Criminal Apnea! No.1069l2004 Guddu @ Ram Kumar, Sjo Brmhadeo, aged about 21 years, R/o Sorta, Lakhaxlpur, District Sarguja(CG) n Versus - State of Chhattisgarh, through RS. Lakhanpur, Sarguja (CG) Crimin‘al Anpeal U/s 374 (2) or the mane. ‘kt‘ i RESPONDENT ‘ Present: None for the appellant. Mr. U.K.S. Chandel, Panel Lawyer for the State. 01.05.2009 The matter is listed for orders on correction of the nature of judgment delivered on 24.4.2009 in Cr. App. No.1069/2004, as in the judgment as well as in its ily sheet "Cr.Rev.” has been mentioned in place of "Cr.App. " inadvertently. 1 Accordingly, it is directed that in the judgment delivered on 24.4.2009 in Cr.App. No.1069/2004, in its cause title as well as in fly sheet “Cr.App”., be read in place of ‘Cr.ReV.’. A copy of this order be supplied with the copy of judgment dated 24.4.2009, delivered in Cr.App. No.1069/ 2004. Sdl— ILL. Jhanw‘“ Certiiied copy as per rules. (J Judge