IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH GRIMINAL APPEAL N0. ^' APPELLANT ^^•••-.'^ l-YV'\ \^>J^U.--"" /2004 ,P<^1®NT vt &^ Janak Lal S/o Mehtar Satnami Aged about 25 years, R/o Ghatia Khurd P.S. Nandani Nagar, Distt. Durg (C.G.) VERSUS The State of Chhattisgarh, Through P.S. Nandani Nagar, Distt. Durg (C.G.) CRIMINAL APPEAL UNDER SECTION 374 T2) OF THE CODE OF CRIMINAL PROCEDURE ^ I; ha* HI^H COURT OF CHH^TTIS^RH AT BILASPUR Cr. AoD®dNo.95/2004 JanakLa} Versus State of Chhattisgarh Posf for Judgment: 28.0,2.2006 c" Sd/- DUip Raosaheb Deshmukh Judge ^- - r" v.; \»^^ COURT OF CHHATTIS^RH .4T ^ Cr. No.95/2004 Bench:Hon'bIe J* Lai State of Chhattisgarh Smt. Kircxn Jain, Counsei for the appei{ant< -Shr! Bajaj, Dy,Scavt. Advocate for the State. (Dedvered on ^^oy February 2006) TTiis is the JudgmBnt 19,1.2004 by Shri H^R^urupanch, Judge, in ses^ions No.112/2003 the and 376 (1)'IP,C. and to RJ. for and a fjneof Rs^lOOA, in defau!t of which to undergo RX for six 450 IP.C, and to undergo RJ. for a of Rs,100A in to undergo additjonal" RJ. for six Section 376(1) I.P.C,. It that both the were to run concurrentiy, 2. Brief facts that on 22.11.2002 at about 12.00 noon the prosecutrix Smt. Bai had returned from the agrEcu!tural field for breast feeding her six months old daughter. who was with her mother-in-law Phool Bai P,W.4. her in the of her mother-jn-taw, ihe prosecutrix returned home and washing the utensiis. At about 1.00 PM. the appeSlant finding tiie her house, boited the door from and Y-. —2- ^ iifting the prosecutrix forcibly pushed her on the bed and committed rape on her. The prosecutrix atteir^pted to shout but the appej!ant her mouth 1+ireatened to kill her, Tlie prosecutrix immediateiy went crying to her mother-in-iaw Phoo! Bai P.W.4 and informed her about the rape committed upon her by the appeliant, 3. F.I.R. Ex.P.4 was lodged on the same day at 6.30 P.M. by the prosecutrix at P.S< Nandini Nagar situated at a dlstance of 10 kibmeters from the place of occurrence. Vide Ex?,2 one red coloured petticoat having !ike stains, a biouse and blue coloured pieces were seized from the prosecutrix on 22.11.2002 at 7,00 P,M* and sent for examination to br, Smt S,Sawant sD,VvJ,8 abng with the prosBcutrix. On medical examinatiors, no externa! or interna! injury found on the prosecutrix by Dr, Smt. 5, Sawant P.VV.8. No definite opinion about rape havirsg committed on the prosecutrix couid be given. Dr* Smt. 5, Savv'ant prepared vagina! slides of the prosecutrix and examJned the red pett-icoat sent by the police on 23,11.2002 and foursd wh ite stains on it. She advised chemical analysis thereof. Report of the Foransic Science Laborator/ Ex.P.ll conflriTied the presence of semen and human spermatozoa on the patticoat as atso the vaginal siides of the prosecutrix. 4. After completion of investlgGtion, prosecution under Section 450, 506 & 376 (1) of the I.P.C. was launched against the appellant. The appelbnt abjured the guilt. The proSBCution examined as many as 8 witnesses. The appelfont pEeaded implication and led no evidence in defence. Tlie learned trial Judge rejying upon the ted by 1+ie prosecutlon convicted the appellant under Section 450 A 376(1) of the IP.C. white acquitting him of the charge under Section 506 I.P.G. -^.- -^- 5, Smt, Kiran Jain, counse! for the appeibnt has contended that Bai P.W.4, the mother-in-law of the prosecutrix has admitted that a report had by the appeilant against her son prior to the occurrence for which prosecution was pending and the prosecutrix had subsequent!y lodged the report, It was argued that to counter the report by the appelbnt, a false report was by the prosecutrix, It was a!so contended that absence of any externa! or internal injury on the prosecutrix renctered her testimony unretiabje, Lastiy, it argued that the admission by the prosecutrlx that did not resist during the sexual act also did not rule out the possibifit/ of consent of the prosecutrix in the sexua! act, if any, coiTimi'tted by the appellant On the other hand, Shri Ashish Shukla. tearned (?ovt. Advocate argued in support of the impugned judgment 6* Having heard the rival contentions, I have perused the record. The iaw is we!I settled that the prosecutrix in a sexual offence is not an acpomplice and there is no rule of bw that her testiniony cannot be acted upon andmade basis of the conviction untess corroborated on materia! particutars, The only point which therefore requires consideration in this appeal is whether the testimony of the prosecutrix P.VV3 is reliabte and conviction for an offence under Section 450 & 376 (1) I,P.C, can be on such testimony though not corro^orated by the medical evidence, Smt. Kanti Bai P.W.3 has deposed that on 22J1.2002 she returned home to breast feed her chifd. After feeding her child who was with her mother-in-law, she returned home and washing utensiis. In para 7, she admitted that the kirana shop of the appetlant was situated just irs front of her house, At about 1,00 PM. the appetbnt came inside her house, She saw that the door had boited from inside. The appelbnt tifted -u ^ her and her on the bed which had a mattress. She att-empted to shout but the appellant gagged her mouth and threatened her and corrimitted rape on her. Her biouse torn and bangles were broken, After coiTimitting on her, the appeibnt ran away, She went cryin9 to her mo+her-in-iaw Phoo! Bai P.W.4 and narrated the incident to her. This of hcr testimony finds corroboration from SnitPhoo! Bal P,W.4/the mother-in-law of the prosecutrix who has that feeding her child, the prosecutrix had gone about i.00 ?M. she returned crying and told her that the had forcibly lifted her and after pushing her on the bed comniitted on her after gagging her mouth, It is true tiiat she has admitted that the appeilant had todged report against her son and the report was bdged by the prosecutrix subsequently. She aiso that after initiation of prosecution by the appejjant, the and her son not on taiking terms, However, this by itseif is not suffjcient to discredit the unrebutted testimony of the prosecutrix. There Es nothing in the cross-examinatjon of 5mt< Phoo! Bd P,W*4 to djsbelieve her testimony, In para 14 and para 15 of the cross-examination of the prosecutrix it was a!so suggested by the that the was having an affair with the prosecutrix, 7. Merely because the appellant had bdged the report on some occasion against the husband of 1+ie prosecutrix, it cannot be said •Aiat the report !odged by the prosecutrix was false. Tlie testimony of the prosecutrix is natural and finds fuli corroboration from Smt. PhooE Bd P.VV.4. A.5.I. A^urli Manohar Yadu P.W.6 has the seizure Ex,P.2 of the p.etticoat, and of the prosecutrix^ Dr\ Srot 5, that'on examination of the of the sealed packet sent for her examination she had foundwhite stains on red coioured pettIcoQt and had advised chemica! examination of the stains found on the petticoat abng with vaginai prepared by her on 23.1L2Q02. TTie petticoat of the prosecutrix had been seized on 22.11.2002 at 7.00 P.M. immedioitely after iodging the F.I.R. at 6.30 P.M. The report of the F.S.L. Ex.P.ll in that the petticoat of the prosecutrix as also the vaginal slides had contained and 8. It is that Dr, Smt, 5, did not firsd any externa! or Injuries on the prosecutrix but 1+ie fact that 1+ie prosecutrix on a committing explains the of injuries on her person. Had the prosecutrix consented to .the intercourse by the appellant/there no for her to inform her mother-in-law about tiie there is no to that the of the prosecutrix or had the appellant either in a compromising situation thc prosecutrix or leaving the of the prosecutrix soon the cornmissjon of 9* Thus, in my corssidered opinion, the testimony of the prosecutrix is trustworthy, inspires confidence and is not on!y corroborated by the of Smt, Phooi Bai P.VV.4 but the report of the F.S.L. Ex.P.ll. 10< Having the evidence ted by the prosecution in its entirety, I am of the that the conviction of the 450 &. ,376 (1) of the IP,C. and the are welt. founded and do not call for any interference, This devoid of merit is Sd/- Dilip Raosaheb Deshmukh Judge <M^^* Q