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Judgment
17 paragraphs · 338 wordsConviction,Sentence
Under Section 376 of the Indian Penal Code,"Rigorous Imprisonment for 7 years and fine of Rs.150/-
with default stipulation
On a minute examination of the above evidence, I find that the prosecutrix (PW1) has categorically stated that when she was present at her",
house, the Appellant came there, knocked the door of her house and when she opened the door, he caught her hand. When she tried to come out of",
his clutches, he dragged her to the courtyard of her house situated behind her house and there he committed rape with her. She has admitted that he",
did not inflict her any abrasive injury, therefore, on the basis of this admission, it was argued on behalf of the Appellant that she was a consenting",
party. This contention is not acceptable because if she was a consenting party, why did she, immediately after the incident, go to her mother, sister and",
other villagers and informed them about the incident and called a village meeting. From the medical evidence also, it is clear that a sexual intercourse",
was done with her. Swelling and redness were found over her vagina. Though present is not a case in which any person witnessed the incident, had",
she been a consenting party, she would not have raised any complaint nor did the matter reach to the police. From the evidence on record, it is clear",
that forcible sexual intercourse was done with the prosecutrix by the Appellant. Thus, the Trial Court has rightly convicted the Appellant. The",
sentence imposed upon him is also just and proper.,
Consequently, the appeal is dismissed. The impugned judgment of conviction and sentence is affirmed.",
It is reported that the Appellant is on bail. He shall immediately surrender before the concerned Trial Court or he shall be taken into custody,
forthwith by the police for his undergoing the remaining sentence, if any.",
Record of the Court below be sent back along with a copy of this judgment forthwith for information and necessary compliance.,