k~§w Q“? 1?; @I' i 3W wh (Cringgj IN THE HIGH coURI OF MADHYA PRADESH 'AT JABALPUR. Criminal Appé'a1 No.1z‘29/1gé4; : APPEDLANI (1N JAIL) Di st ri ct‘ Raig arh, i’ét p‘re 3e nt re sidi ng CF0000058538 26 Jagnaraya/nse‘n [yeax’fsrLR/o ‘Sohgorsa, ,of Baiju VPS Yadév,/aéed Bag'ee‘ché / ‘ 4 ' \ i ‘ _ at Batwahi, 13$ Ambi kapur {/7 ‘ :V‘ —Versus~ x § RESPONDENT: State of Pradesh K ‘ ‘ ; ‘ _ F%&~43$5 ‘ rd any > , Madhya ‘ ' ” . - ‘ HIGH COURT OF CHHATTISGARH AT BILASPUR ’ CR.A.N0. 1229/1994 Jagnarayan ‘ VCISUS State of MP. Shri H.S.Ah1uw counsel for the appellant. Shn' Vivsk Shanna, P.L. for the State. JUDGMENT (29.04.2010) This appeal is dilected agt the jugment dated 29.06.1994 passed by the First Additional Sessions Judge, Ambikapur. in S.T. No. ,190 convicting the appellant for the oence punishable uder Section 376 of the IPC and sentencing him to underg RI for seven years a to pay dne of Rs. 500, in default of fine, RI for thme months. 2. Brief facts of the case are that. on 15.2.89 FIR (Ex.P/ 1) was lodged by the prosecutn‘x (P.W.—1) aged about 19 years alleging in it that a day before thereto i.e. on 14.2.89 at about 4.00 pm. when she had gone for grazing her goats in the field of one Mehto, accused/appellant reached there, caught, hold of her and after gagging her mouth committed forcible sexual intercourse with her. She has stated that after hearing her cries her brother-in—law Shyamu (P.W.—2) came at the place of incident and on seeing him, the appellant hed away from the spot. 3. ‘So as to hold the accused/appellant guilty, the prosecution has examined nine Witnesses. Statement of the accused] appellant J was also recorded under Secn'on 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case. @ SB : HGNBLE MR. JUSTICE PRITINKER DIWAKER APPL1CANT RESPONDENT a1ia, CRA. UNDER SECTION 374 (2! OF THE CODE OF CRIMINAL PROCEDURE ains d 3 § n o nd . 4‘ After hearing th€ parties, the trial Court has convicted the accused; appeilant for ths offence as mentioned above, Hence this appeal. 5. It has been argued by fhe counsel. for the appellant that a very improbable story has been given by the prosecutrix. He submits that at the time of commission of the o§enee, the prosecutrix was carrying five months pregnancy and as per the statement of the prosecutrix she was forcibly raped by the accusedfaypellant three times and under the facts and circumstances of the case, the prosecuu‘ix was hound to suffer ome injury either on her internal or external part of her body. He submits that present is a case of false implication Where on account of Village yohtics the accused] appellant has been falsely implicated He further submits that the statement of the prosecutnx has not been corroborated by the statement of Shyamu (P.W.—2) and both of them have given dinerent story. It has also been argued that in absence of any positive medical report, the accused] appellant ought to have been acquitteav 6. On the other hand supporting the im'pugned judgment it has been argued by the State counsel that the prosecutrix has categorically stated as to in what manner she was subjected to forcible rape by the accused/appellant and even if some variation in the statement of the prosecutrix and Shyamu (P.W.—2), who, at the time of commission of the onence, was aged about 10 years are there, those have to be ignored. He submits that as the prosecutrix / was a married lady and Was carrying pregnancy of five months the question of posrtive medical report does not arise and the 4' ‘ r conv1ction of the accused! apnellant is in accordance With law 7. I have heard counsel for the parties and perused the material available on record including the judgment impugned 8. Prosecutrix (P.W.-l) has stated that on the date of incident when she had gone to the field for grazing her goats ' accused] appellant met her, called her and when she tried to run away, he caught her, threw her on the field and forcibly committed s I y . rapc on her. She: has stated that thrice she was subjected to rape by the accused/appeHant. She has also stated that upon hearing her cries, her hmther~in—law came and after seeing him appellgnt fled away from the spot. She has also stated that after reaching her home she has narrated the entire incident to her husband and as on the date of incident it was getting dark, report was lodged on the second day. Statement of the prosecutrix has been duly ‘ supported by Shyamu (P.W.-2) who has stated that on the date of incident when he was grazing his budaloes and the pmsecutrix was grazing her goats accused/appellant caught hold of her and then committed the offence. I-Ie has stated that the accused] appellant could not see him but he could see the entire incident, He has stated that when 'he had gone to save the pro'secutrix he was asked to go and thereafter accused[ appellant hed away from the spot. Ramu (P.W.—7) husband of the prosecutrix has also supported the prosecution case by saying that on the date of incident after returning home, the prosecutrix has narrated the entire. incident to him and then he had searched for the accused/appellant and thereafter the report Was lodged. The prosecutrix was medically examined by Dr. Smt. Rashmi Verma {P.W.-3) however she has not found any injury on her internal or external part of the body and has stated. that she was carrying pregnancy of more than hve months. As the prosecuhix was a married lady, the medical report is not positive. Dr.‘ A.K. Choudhary (P.W.-4) who had examined the accused] appellant has categorically stated that he was capable of performing sexual intercourse. 9. Thus, the statement of the prosecutrix and Shyamu (P.W.-2) inspire full conndence of this Court and therefore I am of the considered opinion that the conviction of the accused] appellant is in accordance with law and there is no infirmity in the same. Accordingly the conviction part of the appeal is‘mainfained. As the appellant has already served the entire sentence nofurther order is DCCeSSaI‘y. 5 Pridnker Diwaker ge \ww‘w‘i 1’” i Qrli- ‘