1 2025:CGHC:29513 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1987 of 2023 ABC ... Appellant versus State Of Chhattisgarh Through Police Station- Dabhara, District Janjgir- Champa (New District Sakti) (C.G.) ... Respondent For Appellant : Mr. Malay Shrivastava, Advocate. For Respondent/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Judgment on Board 01.07.2025 1. The appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short, ‘CrPC’) questioning the impugned judgment dated 04.10.2023 passed by the learned Additional Sessions Judge (F.T.S.C.), Sakti, District – Janjgir- Champa (C.G.) in Sessions Trial No. 25/2022, whereby the trial Court has convicted and sentenced the appellant with a direction to run all the sentences concurrently in the following manner : CONVICTION SENTENCE U/s 376(2)(f) of the Indian Penal Code (For Short, IPC) Rigorous Imprisonment for 10 years with fine of Rs.5,000/-, in default of payment of fine additional R.I. for 06 months. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 U/s 323 of the IPC Rigorous Imprisonment for 06 months with fine of Rs. 500/-, in default of payment of fine additional R.I. for 01 month. 2. Judgment of conviction and order of sentence is challenged on the ground that without there being any clinching evidence; learned Additional Sessions Judge has convicted and sentenced the appellant as aforementioned and thereby committed illegality. 3. Case of the prosecution, in brief, is that the complainant (PW-04) aged 36 years was at home on 02.03.2022, her mother-in-law was sleeping after having dinner and both her children (PW- 6 & 7) had gone to Kharsia for repair of their mobiles. The complainant was working in the shade of the house when around 3.30 PM her brother-in-law/accused came and seeing the complainant alone, he forcibly raped her by pressing her mouth and throwing her on the ground in the shade itself and then got up and jumped from the side of the fence and ran away, due to which the complainant (PW-04) sustained injuries on her left chest and thigh. The complainant's mother-in-law has become old and is unable of hearing, hence, she could not hear the complainant's screaming voice. The victim/complainant told her mother-in-law and Damru Rathore and Peela outside the house about the incident. At the same time, both the sons of the victim (PW- 6 & 7) returned, who were also told about the incident and the victim along with her mother-in-law went to the Police Station, Faguram, and lodged a written complaint of 3 the incident (Ex.P/5), on which FIR No. 0/2022 (Ex.P/6) was registered against the accused for the offence punishable Section 376 of IPC, which was presented to the Police Station, Dabhra for registration, and the crime was registered in the Police Station, Dabhra and the First Information Report (Ex.P/15) was registered and investigation was taken up. 4. During the course of investigation, consent was obtained from the victim/complainant (PW-4) and her private parts were examined as per the medical examination report (Ex.P/8). The Police statement of the victim and the statement under Section 164 of Cr.P.C. (Ex.P/11) were recorded. Evidence of crime was found against the accused on which he was duly arrested. 5. During the investigation of the case, a Police Map of the crime scene was prepared by the Police Officer (Ex.P/9). According to the seizure memo (Ex.P/1), vaginal slide of the victim was taken for semen analysis, vaginal slide for DNA profile and one underwear of the accused was seized as per seizure memo (Ex.P/3), one bamboo stick was seized as per seizure memo (Ex.P/4). During the course of investigation, Section 323 of the IPC was added in the case. Statement of witnesses was recorded as per their statement. After the completion of investigation, charge sheet was prepared under Section 376 and 323 of the IPC and presented before Judicial Magistrate First Class, Dabhra. Thereafter, the case was received by the learned trial Court for trial. Charges were framed against the accused/appellant under Sections 376, Sub-section 2(f) 4 and Section 323 of the IPC. The appellant denied the charges and claimed trial. When the appellant was examined and his statement was taken under Section 313 of the CrPC, he expressed his innocence and expressed his intention to give defence evidence in his defence and the defence evidence of the appellant himself was presented. 6. In order to prove the guilt of the appellant/accused, the prosecution has examined as many as 16 prosecution witnesses. Statement of the accused/appellant was recorded under Section 313 of the CrPC where he denied the circumstances appearing against him. 7. Learned trial Court after hearing learned counsel for the parties, convicted and sentenced the appellant as aforementioned. 8. Learned counsel for the appellant vehemently argues that the impugned judgment of conviction and sentence is bad in law and thus liable to be set aside and appellant deserves to be acquitted. It is further submitted that when a situation of suspicion arises in any case, the benefit of doubt is given to the accused person but in the instant matter learned trial Court goes against this principle and convicted the appellant. It is submitted that the learned trial Court has failed the appreciate evidence available on record, therefore, conviction under Sections 376(2)(f) and 323 of the IPC is not sustainable under the law. 9. On the other hand, judgment impugned is supported on behalf of the respondent/State and argues that the appellant entered the 5 house of the victim/complainant and forcefully committed sexual intercourse with her and ran away from the place of incident, due to which the victim/complainant received injuries on her left chest and thigh, which shows the prima facie intention of the appellant to commit rape on her and the learned trial Court has imposed appropriate sentence. 10. I have heard learned counsel for the parties and perused the judgment impugned and record of the trial court. 11. The victim/complainant (PW-4) has submitted in her examination-in- chief that the accused/appellant, happens to be her brother-in-law. On 2nd March, 2022, around 3:00-3:30 PM, she was washing dishes at her home while her mother-in-law was sleeping in the adjacent room after having lunch. Her children had gone to Kharasia to get their mobile phones repaired, and her husband was in jail on the date of incident. The accused/appellant entered the house of the victim and approached her from behind, grabbed her shoulders, and when she tried to free herself, he pushed her against the wall, causing her to fall. He then covered her mouth, and despite her struggling and screaming, no one heard her. The accused tore her blouse, causing nail injuries to her left breast and thigh. He then forcibly raped her and fled towards the cowshed. After the incident, she went outside, crying for help. A nearby shopkeeper, Pila, gave her water, and she fainted. When she regained consciousness, she was at her home and many people were present there. When her children (PW- 6 & 7) came, she informed her children about the 6 incident. The accused/appellant had also assaulted her mother-in- law, due to which she was crying. Then the victim (PW-4), her mother-in-law, and her son went to the Faguram Police Station to file a written report. The police recorded her statement, which was and the complainant lodged a written report (Ex.P/5). Based on the written report (Ex.P/5), the Zero First Information Report (FIR) (Ex.P/6) was registered. The victim further submitted that the Police recorded her statement and upon her fainting, the Police took her to Malkhroda Hospital, from where she was referred to Janjgir Hospital. She remained hospitalized for 7 days. Thereafter, the Police took her home and obtained her consent for a medical examination of her private parts (Ex.P/7). A female doctor at Janjgir Hospital conducted the examination after obtaining her consent vide medical examination report (Ex.P/8). 12. The 1st son of the victim (PW-6) has given his statement in his examination-in-chief that the incident occurred on March 2, 2022. At the time of incident, his father/husband of the victim was in jail. He and his younger brother (2nd son of the victim)/PW-7 had gone to Kharasia to get their mobile phones repaired around 2:00 PM after lunch. They returned home around 4:00 PM and found their mother lying outside the house door and she was crying. When he asked her what happened, she told him that while they were away getting their mobile phones repaired, and their grandmother was resting in the adjacent room after lunch, the accused/appellant (their uncle) entered into the house through the back door and attempted to forcibly rape her. Then he jumped over the wall and fled away. The 7 accused/appellant also assaulted their grandmother. He further stated that he has saw injuries on his mother's left chest and thigh. 13. Thus, the statement of the victim is also confirmed by the statement of the 1st son of the victim (PW-6), and the statement of the 1st son of the victim (PW-6) also corroborates with the statements of the 2nd son of the victim (PW-7). The FIR (Ex.P/15) also confirms the above statements of the victim, and both the sons of the victim. 14. S.C. Chauhan, Sub-Inspector (PW-13), has submitted in his statement that on 2nd March, 2022, the complainant/victim lodged a written report (Ex.P/5) at Phaguram Police Outpost alleging that the accused/appellant had committed rape on her. On the basis of the same, he registered Zero FIR No. 0/2022 (Ex.P/6) under Section 376 of the IPC against the accused/appellant. Similarly, Rajesh Mishra, Assistant Sub-Inspector (PW-12), also corroborated that on March 3, 2022, Constable Rakesh Yadav brought the FIR No. 0/2022 dated March 2, 2022, under Section 376 IPC from Phaguram outpost to Dabhra Police Station for registration. He registered the FIR (Ex.P/15) as Crime No. 80/2022 under Section 376 IPC against the accused/appellant, and thereafter, the matter was taken into investigation. 15. S.C. Chauhan, Sub-Inspector (PW-13), has further submitted that he has prepared a requisition (Ex.P/8) for the medical examination of the victim and sent it to the doctor at CHC 8 Malkhroda. Prabha Miri, Female Constable (PW-1), has corroborated that on March 2, 2022, she took the victim to CHC Malkhroda for her medical examination in connection with Crime No. 80/2022 under Section 376 of IPC registered at Dabhra Police Station. However, since the female doctor was not available there, she took the victim to District Hospital Janjgir, where the medical examination was conducted on 3rd of March, 2022. 16. Dr. Mamta Jagat, Medical Officer (PW-9), has submitted in her statement that on 3rd of March, 2022, Prabha Miri, Female Constable (PW-1) brought the victim who was 36 years old at that time, for medical examination, and thereafter, she examined the victim after obtaining her consent and found the result as follows: External Medical Examination: 1. The patient was fully conscious and oriented. 2. She reported that she was sexually assaulted on 2nd March, 2022. 3. She reported her last menstrual period was on held 25th February, 2022. 4. There was a 5x2.5 cm abrasion on her left arm, which was red in color. 5. There were two parallel abrasions on her right arm, measuring 4x0.25 cm and 0.5x0.5 cm, which were red in color. 6. There were multiple injuries on her right breast. 7. There were multiple abrasions on her left breast, including a larger one measuring 4x0.3 cm, which was red in color. 8. There was an abrasion on her left thigh. 9 9. There was a contusion on her right knee, which was red and blue in color. 10. She also complained of severe headache. Internal Medical Examination: 1. There was whitish discharge present in the private part, and the patient reported pain during examination. The private part was congested and red. 2. The hymen was old torn. 3. The patient's underwear had a white stain in the middle, which was seized and sealed and handed over to the female constable for chemical examination. 4. Four vaginal slides were prepared, two for semen analysis and two for DNA profiling, which were sealed and handed over to the female constable for chemical examination. 17. Thus, from the testimony of PW-9, and the result of the medical examination, it is clearly established that the victim had multiple abrasions on her left arm, right arm, right breast, left breast, left thigh, and right knee, as described above. These injuries could not have been self-inflicted by the victim. This corroborates her statement recorded in the examination-in-chief that on 2nd March, 2022, the accused/appellant grabbed her, covered her mouth, and caused injuries to her chest and thigh. He then tore her blouse and forcibly committed rape on her. 18. S.C. Chauhan, Sub-Inspector (PW-13) stated that on 08.03.2022, at Chowki Faguram, he seized a light blue colored underwear belonging to the accused/appellant, which was brought from the 10 hospital and produced by Roshan Chandra, Constable. The underwear was sealed by the doctor, and a seizure memo (Ex.P/3) was prepared by the witness. He further stated that he submitted a requisition (Ex.P/19) through the Office of the Superintendent of Police, District Sakti, addressed to the Officer- in-Charge, Regional Forensic Science Laboratory, Bilaspur, requesting for testing and reporting of the seized evidence from the case. The acknowledgment of submission from the FSL is marked as Ex.P/20. He has confirmed that the forensic test report (Ex.P/21) has been received from the FSL. 19. Upon examining the forensic test report (Ex.P/21) received from the Regional Forensic Science Laboratory, Bilaspur, it is clear that semen stains and human spermatozoa were found on the vaginal slide of the victim, the underwear (panty) of the victim, and the same is also found in the underwear of the accused/appellant. The victim stated that the incident took place on 02.03.2022. Her medical examination was conducted on 03.03.2022 at 4:15 PM, during which her vaginal slide was prepared. This slide tested positive for semen stains and human spermatozoa. This medical report also confirms the victim’s statement that the accused has committed rape on her. 20. From the above sequence of evidences including the results of medical examinations, it becomes clear that there is a family dispute between both parties, and prior to the present incident, the appellant’s wife had filed a case under Section 354 of IPC 11 against the husband of the victim. However, merely the lodging of that report does not prove that the victim has filed a false case against the accused/appellant. This is because the victim’s statement is corroborated by strong medical evidence. Her medical examination was conducted promptly on 03.03.2022, the day after the alleged incident, and the examination report recorded numerous scratches and injuries on both her breasts and both arms. The same clearly shows that the accused forcibly established physical relations with the victim. Moreover, the vaginal slide and underwear worn by the victim were sent to the Forensic Science Laboratory in Bilaspur, and the test report (Ex.P/21) confirmed the presence of semen stains and human spermatozoa. It is highly significant to note that the victim’s husband was in judicial custody at Sub-Jail, Sakti from 01.03.2022 to 05.03.2022, due to a report lodged by the wife of the appellant/accused. The incident occurred on 02.03.2022, during his detention. The presence of semen and spermatozoa in the vaginal slide during this time clearly indicates that the accused forcibly committed rape on the victim. 21. Based on the analysis of the above evidences, it can be concluded that on 02.03.2022, while the victim was washing dishes at her home, the accused entered her house, grabbed her from behind, pushed her against the wall, threw her to the ground, and then forcefully committed sexual intercourse with her against her will, which caused her many injuries. Thus, the prosecution 12 has successfully proven the case beyond reasonable doubt, as well as the charges against the accused/appellant under Section 376(2)(f) and Section 323 of the IPC. 22. After appreciating the above statements of the prosecution witnesses and the evidence available on record, learned trial Court has convicted and sentenced the appellant as aforementioned. Taking into consideration, conviction of the appellant is sustainable under the law. 23. The view taken by the learned trial Court that the appellant is the author of the crime is a pure finding of fact based on evidence available on record and as such, I am of the opinion that in the present case, the only view possible was the one taken by the learned trial Court. 24. From the above analysis, I am of the considered opinion that the prosecution has been successful in proving its case beyond reasonable doubt and the learned trial Court has not committed any legal or factual error in arriving at the finding with regard to the guilt of the appellant/convict. 25. Accordingly, the appeal being devoid of merit is liable to be and is hereby dismissed. 26. The appellant/convict is stated to be in jail. He shall serve out the sentence awarded by the trial Court by means of the impugned judgment and order dated 04.10.2023. 13 27. Registry is directed to send a certified copy of this judgment along with the original record of the case to the trial court concerned forthwith for necessary information and compliance and also send a copy of this judgment to the concerned Superintendent of Jail where the appellant is undergoing his jail sentence to serve the same on the appellant informing him that he is at liberty to assail the present judgment passed by this Court by preferring an appeal before the Hon’ble Supreme Court with the assistance of High Court Legal Services Committee or the Supreme Court Legal Services Committee. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar