Mukesh Yadav vs State Of Chhattisgarh And Ors

Conviction,Sentence

Under Section 376(2)(f) of the Indian Penal Code,"Rigorous Imprisonment for 10 years and fine of

Rs.10,000/- with default stipulation

was not possible for her to opine whether rape was committed with the prosecutrix or not. The doctor has further deposed that at the time of,

examination, the prosecutrix had told her that nobody had done any forcible act with her and she was telling a lie due to fear of her mother.",

With regard to age of the prosecutrix, Tushen Kumar (PW2), a teacher of the Primary School, Medapali has produced dakhil-kharij register",

(Ex.P4) in the Trial Court. According to Ex.P4, date of birth of the prosecutrix is 25.4.2000. As stated by this witness, the entries were made in Ex.P4",

on the basis of declaration given by father of the prosecutrix.,

Dr. G.L. Miri (PW11) examined the Appellant. As stated by him, he found the Appellant capable to perform sexual intercourse and also found one",

abrasion near left elbow and two abrasions over right forearm of the Appellant.,

S.D.O. (Police) Pooja Agrawal (PW12) is the witness who investigated the offence in question. Inspector Smt. Usha Sondhiya (PW15) recorded,

numbered FIR (Ex.P26) on the basis of FIR (Ex.P1) registered on zero.,

On a minute examination of the above evidence available on record, it is clear that on the date of incident, age of the prosecutrix was below 12",

years. As stated by the prosecutrix (PW1) before the Trial Court, she was raped by the Appellant when she had gone along with her sister Ganeshi",

(PW6) to the field. As stated by the prosecutrix, the incident was witnessed by Ganeshi (PW6). Her statement is duly corroborated by Ganeshi",

(PW6). Dhanbai (PW7), mother of the prosecutrix, Mahendra (PW4) and Nandlal (PW5) have also deposed that on being told by Ganeshi (PW6)",

when they reached the spot, they saw the Appellant running away from there and they caught the Appellant while his running away. As stated by",

Mahendra (PW4) and Nandlal (PW5), the Appellant had also admitted his guilt before them. All the above witnesses were firm during their cross-",

examination. There is no fact disclosed in their cross-examination to show that there was any previous enmity between these witnesses and the,

Appellant. Therefore, it cannot be said that they have falsely implicated the Appellant. Though Dr. P.C. Jain (PW14) has stated that hymen",

membrane of the prosecutrix was old ruptured and one finger was entering into the vagina of the prosecutrix with severe pain, only on this basis, it",

cannot be said that rape was not committed with the prosecutrix. The prosecutrix has categorically stated that the Appellant had committed sexual,

intercourse with her and the incident was witnessed by Ganeshi (PW6). Therefore, the offence is duly proved.",

As regards the argument raised by Learned Counsel appearing for the Appellant that at the time of medical examination, the prosecutrix had",

stated before Dr. P.C. Jain (PW14) that no forcible act was done with her and she was telling a lie due to fear of her mother is also not acceptable,

because this statement was given by the prosecutrix in what circumstances and why has not been explained by Dr. P.C. Jain (PW14). Apart from,

this, in her Court statement, the prosecutrix (PW1) has categorically stated that she was raped by the Appellant and she has remained firm during her",

cross-examination. In these circumstances, the defence does not get any weightage from the statement of Dr. P.C. Jain (PW14) and only on this",

basis, the entire prosecution evidence cannot be disbelieved. From the above discussion, I find that the Trial Court has rightly convicted the Appellant.",

Hence, the conviction of the Appellant under Section 376(2)(f) of the Indian Penal Code is affirmed. The sentence imposed by the Trial Court is also",

just and proper.,

Consequently, the appeal is dismissed. The impugned judgment of conviction and sentence is affirmed.",

Record of the Court below be sent back along with a copy of this judgment forthwith for information and necessary compliance.,