Ganga Singh vs State Of M.P

2. The facts very briefly are that the informant lodged an oral complaint on 22.12.1987 at 6.00 P.M. at Mangraoul Police Station, alleging that on 21.12.1987 at 6.30 P.M. in the evening when she had gone to the field of Tilak Singh at Naya Kunwa to answer her natural call and was coming out from the field, the appellant came and caught hold of her and fell her down, gagged her mouth, lifted her petticoat and committed rape. She returned home and told her mother-in-law about the incident and on 22.12.1987 when her husband, who works on a truck, returned home, she has come to lodge the report in the police station. The police registered the complaint as an FIR, got the informant medically examined at 7.15 P.M. on the same day. Dr. (Mrs.) Kusumlata of Government Hospital, Seondha, opined that as the informant is a married lady and was habitual to intercourse, no definite opinion could be given on whether she was subjected to any sexual intercourse. The petticoat and vaginal smear slides (which were prepared and sealed) were sent for further examination. The police then undertook the investigation, went to the place of occurrence on 23.12.1987 and seized a blouse and a dhoti and got prepared the map of the site of occurrence and after recording statements of witnesses and completing the investigation, submitted a charge-sheet against the appellant under Section 376 of Indian Penal Code (for short ‘IPC’).

3. The appellant denied the charge and Session Trial No.9/1988 was conducted by the Sessions Judge, Datia. At the trial, the informant was examined as PW-5, who stood by her story in her complaint, the seizure witness was examined as PW-1, the mother-in- law was examined as PW-2, Dr. Kusumlata was examined as PW-9 and the Investigating Officer was examined as PW-10. The Sessions Judge, after considering the evidence on record held that as PW-5 did not obstruct or resist the appellant from doing the indecent act and no injury was caused on her person, PW-5 appears to have given her consent for the sexual intercourse and acquitted the appellant of the offence under Section 376, IPC, by judgment dated 30.11.1988.

4. The judgment of the Sessions Judge was challenged before the High Court by the State of Madhya Pradesh in Criminal Appeal No.92 of 1990. The High Court held in the impugned judgment that PW-5 has categorically deposed that the appellant had committed rape against her consent and she had also deposed that she had informed her mother-in-law after returning home and this fact has been corroborated by her mother-in-law (PW-2) and, therefore, there was no reason to disbelieve the testimony of PW-5. The High Court further held that merely because there were some discrepancies in the deposition of PW-5, her testimony cannot be treated as doubtful. The High Court concluded that the finding of acquittal recorded by the trial court was totally perverse and contrary to the evidence on record and set aside the judgment of acquittal and convicted the appellant under Section 376, IPC, and sentenced him to seven years rigorous imprisonment, which was the minimum sentence for the offence of rape under Section 376, IPC.

16. In the result, we are not inclined to interfere with the finding of the guilt recorded by the High Court against the appellant as well as the minimum sentence of 7 years imprisonment for the offence under Section 376 IPC imposed by the High Court. The appeal is accordingly dismissed.