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Judgment
19 paragraphs · 406 wordsConviction,Sentence
Under Section 376 of the Indian Penal Code,"Rigorous Imprisonment for 10 years and fine of Rs.1,000/-
with default stipulation
husband of the prosecutrix was present at the time of incident and he witnessed the alleged incident and immediately thereafter he and the prosecutrix,
returned home and informed about the incident to Sunder (PW4), father-in-law of the prosecutrix.",
Thus, the explanation that main family members were not available at home and, therefore, the report was made belatedly is not acceptable. From the",
statements of the prosecutrix (PW1) and her husband Ramnath (PW3), it is also clear that the alleged incident took place in a field at about 9:00 a.m.",
and at that time the prosecutrix had gone to the field to attend the call of nature. Normally, at about 9:00 a.m., other villagers also found in the field. In",
the circumstances, it appears to be suspicious that the Appellant would have attempted to commit rape with the prosecutrix in presence of villagers.",
From the evidence, it is also clear that the alleged incident took place in a field, but no injury was found on the body of the prosecutrix in her medical",
examination. It is also established that she did not assault the Appellant with the utensil (gundi) available with her at the time of the alleged incident.,
She also did not scratch the body of the Appellant with her nails nor did she pull his hair and bite him with her teeth. From the statement of her,
husband, it is also clear that when he reached the spot, he saw that her both hands were spread down and the Appellant was committing sexual",
intercourse with her and having seen him there, the Appellant ran away. From the above, it seems that the prosecutrix was a consenting party and",
since her husband saw her in a compromising position with the Appellant, she raised alarm. In the premises of aforestated, no offence under Section",
376 of the Indian Penal Code is proved against the Appellant beyond reasonable doubt.,
Consequently, the appeal is allowed. The impugned judgment of conviction and sentence is set aside. The Appellant is acquitted of the charge",
framed against him under Section 376 of the Indian Penal Code. He is reported to be in jail. He be set at liberty forthwith.,
Record of the Court below be sent back along with a copy of this judgment forthwith for information and necessary compliance.,