H!QH GOURT QF QHHATTISQBARH AT BASPU CRWllNAL APPEAL NC).i0§Q OF 20f!2 %: HGN’ELE $HF§£ JU$T£CE ‘w’MA‘! KU5‘MQ SHR5".’£S'§'AVA ILR urn ‘ Meleram, s/o, Bedram Sahu aged about 2O years, rfo. vmage Dhmwa Kari, Police Chowki ‘ Pachpedi, PS Masturi, Dist. Bila$pur. VersuS State cf Chhattisgarh Through PS Mastuii, Dist. Bmtspur. (CG). POST FOR JUDGMENT $3 j08j2005 Sd/- \ V.K. Shrivastava Judge UDGE iii WW J 25/08/2005 5 x s N SB: HON’BLE , HIGH COURT SHRI JUSTICE OF CHHATTISGARH VIJA‘.’ KUMAR BILASPUR SHRIVASTAVA CRIMINAL APPEAL N0. 1099 OF 2002 ‘ Appellant : Malaram s/o. Bedram Sahu, aged about 20 years,‘ r/ o. village Dhuma ‘ Kari, Police Chowki Pachpedi, Police Station Mastuxi”, Dist. Bilaspur (CG) Vs. - Respondent: ‘ State of Ghhattisgarlf, Through ¥PS Mastun', , Dist, Bialspur (CG). PRESENT: Shri Ramakant Pandey, Counsel for appellant. Shri J.D. Bajpai, Additional Public Prosecutor with Shri D.K. Gwalm, Panel Lawyer for the r‘espondcnt/ State. JUDGMENT ( Delivered 0:130 [08/2005) , This appeal 7 is directed against the judgment i of conviction ‘and ordar of sentence passed by Vth Additional 'VSessions Judge, Bilaspur, on 27/09/2002 in s.;T.No.272/2002 ' whereby the appellant has been held guilty for committing {he ’olfence of rape punishable under Section 376 of tlie Indian Penal i ‘ ‘ 3 Code and has been sentenced to undergo rigorous imprisonment . for seven years and to pay a fine of Rs. 1,000,! -, and in default of payment of fine to undergo additional rigorous imprisonment for one month. On 06/03/2002 ataround 7.300 pm. K11. Laxmin ‘ Yadav, daughter of Shn' Baran Lal Yadav aged about 19 years was 3 alone in her house.» Her gmnd-mother Chhedin Bai had gone to call Dhanmat. Appellant Who is close neighbour of the pmsecutrix ‘ Ku. Laxmin Yadav, entered inside her house, caught hold. and led ‘ her on the ground. He closed her mouth by putting one hand and by other hand he removed and toxned her clothes and underwear of the prosecutn'x and thereafter by force committed intercourse ‘with her and ran-away. Ku Laxmin Yadav a disabled girl having Polio aEected leg, could not able to resist the act of appellant. Her grand mother Chhedln Bal came after the Incident Prosecutrix’ Ku Laxmm Yadav narrated the Whole story to her grandmother and also narrated the same to other persons hvmg 1n the mcuuty of her house On the next day, her grand father Thanwar came to whom she narrated the incident and accompanying with her grand father Thanwar Went to Pohce Chowk1 Pachped1 and lodged drst mformatton report agamst the appellant Police after recordlng first mformahon report investigated the matter Both appellant and prosecutnx were got medlcally exammed Clothes were selzed from the prosecutnx. Medlcal Ohicer who examned the appellant after exammatlon prepared shdes from smegma and ’ sent the shdes underwear and publc halrs along w1th h1s report to Pohce Lady med1cal odicer Dr Mamta SaluJa on examination of V‘Ku. Laxmlm Yadav found vanous injuries on her body She descnbed all those injuries 1n her report She prepared two slides from vagmal smear as also collected pubic hairs and sent all those artrcles along w1th her report to Pohce All the slides) publc harrs and clothes were sent to F S L Bllaspur for chemrcal examinatlon ‘2)‘ /,, ‘ taterélents of Wimesses under Section 161 of the Cr.P.C. wen: § rccordsd Chemlcal exammer on examlnatlon found blood stams I m Salwal Kurta and Cheddl of Ku Laxmm Yadav On chelmcal ‘ examination seminal stains and spermatozoa were alSo found bn Salwar, Kurta and underwears of pmsecutrix and appellant. After due mvestlgauon challan was filed 1n the Court of Jud1c1a1 :Maglsu‘ate Flrst Class Bllaspur who comrmtted the case :to t Sesslons for trial. 5) Both the pames are. head and regord (5f mai Com perused. 3) Charge under Secuon 376 of the IPC was framed :agamst the appellant wh1ch was read over and explamed to hJm ‘who abJured hls’gmlt and claimed to be tried. His defence was that he is innocent and he has been falsely implicated in the case; i 4) Learned trial Court after evaluating the ev1dence on record held that on 6/3] 2002 at about 7 3O p m 1n the nlght the appellant w1thout consent and Will of the prosecutnx- Kn Laxmin Yadav by force committed intercourse w1th her and thereby committed the offence punlshable under Section 376 of the I P C and hence sentenced the appellant asmentloned above. 6) ~ PW/ 2 Ku. LaXmin Yadav in her statement has, deposed I that on 06[O3/2002 at about 7.30 p.m.‘ she was alone in her house. Appellant entered inside the house, lifted her and threw ' her‘ on the ground. He closed her mouth and torned her Salwar; S ’@ Kurta and Chaddih Appegant forcibly committed‘ intercourse with her and themafter ran away. She is suEering &om Polio, therefore, she could not resist the forcible sexual assault. After some time her grand mother came, she narrated the whole story to her grand mother and also narrated the same to Mothwa Yadav Ramayan yadav and Panchu Yadav Her grand father came next day She along wlth her grand father went to Pohce Chowkl and reported the 1nc1dent to Pohce on the next day She rece1ved mjunes on her both cheeks and legs caused by the appellant Chhedm Bai (PW/ 3) Who is the grand mother of pmsecutrix; has deposed in her statement that on the date of incident at around 7.30 pm. she had i gone to call Dhanmat. After half an hour she came back to her house and found that Ku Laxmm Yadav was weepmg On bemg enqulred she told that Malaram comtted rape on her She saw he Salwar and Kurta 1n tomed condmon having blood stained. Next day her husband came. The incident was narrated to M‘ and Kn Laxmm Yadav accompanymg w1th her grandfather reported the matter to Pohce 7) Thanwar (PWI4) who is grand father of Ku. Laxmin Yadav deposed 1n his statement that when he came back Ku Laxmm Yadav told him that Melaram pressing her mouth led her on the ground and d1d 1111c1t act. He took Kn. Laxmim Yadav to l301ice Chowki Where Ku. Laxmjn Yadav reported the matter to Police. 8) Panchu Yadav (PW! 5) who is living in the vicinity has _ _ ‘ g 3 . deposed that at about 19.00 p.m. Chhedin Bai came to his house. t ; ; 1 He. accompanied with Chhedin Bai had gone to her housar where j K11. Laxmin Yadav told that Melaram had cdmmitted rape on her. , 9) EXP/2 is the’ flrst mformation report lodged by K11. Laxmim Yadav (PW.2). EXP/2 has been proved by Ku. Lamin ‘ Yadav (PWf 2) and Madholal (PWj 7). K11. Lwmn'n Yadav (PW/ 2) ‘ was sent for medical examination and was examined by Dr. Mamta Saluja (PW/ 1) who in her statement stated that on 17/03/2002 . she examined K11. Lamnin'YadaV and found the following external ‘ injuries on her body. i) abrasion 1 cm x V2 cm on rightcheek ii) abrasion 1 cm x % cm on left cheek iii) abrasion 5 cm long o. 1 cm wide on right leg . e 10) All the aforesaid witnesses have been tested by the cross examination, but nothing substantial in their cross _ ‘examinan‘on has been brought so as to discredit their version. r Therefore,etheir Version is credible, reliable and canbeaccepted as true. i 1) ‘On chemical examination blOOd stains .‘ were found on the Salwar, Kurta and vaginal slides of prosecuttix. On chemical examination seminal stains and spermatozoa were also found on the Salwar, Kurta and underwear of prosecutrix and underwear of the appellant. No explanation has been oEered by the appellant regarding presence of human semen in his underWear. Presence of semen . in undergarments of prosecutrix and appellant also support the statements of witnesses. Nothing suggestive indicating E . i ‘3 false implication against appellant in the alleged crime has been brought by the appellant. 12) The evidence of prosecutrix Ku. Laxmin Yadav inspires ecumence and also her statement is corroborated by other oral evidence. Her statement also iinds supports from medical evidence, nrst information report and the presence of seminal stains and spermatozoa, on her undergarments and undergarments of appellant, therefore, horn all these evidence it was established that the appellant without her consent and will forcibly committed intercourse with her and the learned nial Court on men'culous evaluation of the evidence on record holding the appellant guilty for committing on‘ence punishable under Section 376 of the I P.C. and awarding sentence to appellant for odence prmishable under Section 376 of the I,P.C., to undergo R.I. for seven years and to pay a fine of Rs.l,000/- and indefault of payment of hne to undergo additional R.I. for one mOnth, has not committed error which may be liable to be interfered with by this ourt under its appellate jurisdiction 13) In the result, the appeal fails and is dismissed and the conviction and sentence passed by the trial Court are maintained. i / l Sd/- l V.K. Shrivastava " Judge I f 39/0872005 / , C