Short Note : The facts giving rise to this appeal as per prosecution case are that on 30-1-77 at about 6 P.M. while the prosecutrix Bali P.W.1 was collecting fire wood at a distance of about 500 yards from the Kodi bunglow Badwani, the appellant came there, forcibly made her lie down on the ground, removed her clothes and raped her against her wish. In this act, though she resisted the appellant put his hand against her throat and thereatened her. Despite her resistance she was helpless. The appellant left her, after finishing the act, only when she promised that she would not give out his name. Thereafter, she ran away to her house and informed all what had happened to her mother-in-law Sungi P.W.5, her husband Iklu P.W.6, and her brother Jatan P.W.8. The F.I.R. Ex.P-1 was lodged by Bali P.W.1 at police station Badwani within an hour of the incident, in which while giving out the details has specifically named the appellant as a culprit. The same night she was medically examined by Dr. Miss V. Puranik P.W.7 who found the injuries sustained by her. In her opinion her hymen was ruptured and there was white discharge. She also opined that the injuries sustained by her could be caused if one attempted to rape her. Further in her opinion the age of the prosecutrix was between 14 and 17 years, Dr. Krishna Chandra P.W.2 who took her X-ray has opined the age to be between 16 and 19 years. 2. Within a short time after lodging of the report the appellant was arrested and was medically examined by Dr. S.S. Khan P.W.3, who found signs of recent intercourse, as per his report Ex.P-4. The chaddi put on by the appellant, which was seized by the police at the time of his arrest, was as per the report of the Chemical Analyser was found stained with semen. On these facts the appellant was prosecuted which on trial resulted in his conviction. Held : The appellant is a resident of the same village in which the prosecutrix Balibai resides. P.W.1. Balibai, in her evidence has already stated that the appellant whom she knew from before, raped her while she was collecting the fire-wood.
On these facts the appellant was prosecuted which on trial resulted in his conviction. Held : The appellant is a resident of the same village in which the prosecutrix Balibai resides. P.W.1. Balibai, in her evidence has already stated that the appellant whom she knew from before, raped her while she was collecting the fire-wood. She has further stated very clearly that despite her resistance, she was helpless and in that process though she received certain external injuries, the appellant, after turning her clothes succeeded in satisfying his lust, due to which her private parts were also injured. After the act was completed, when the appellant ran away, she managed to rush to her house and informed the members of her household all what had happened. Her statement finds substantial corroboration from the evidence of her mother in law Sungi P.W.5, her husband Iklu P.W.6 and her brother Jatan P.W.8. It appears from the cross-examination of Bali P.W.1 that she came to know about the name of the appellant from her brother Jatan P.W.8 who was present at her residence, but she had given a description of the person who raped her, which tallied with that of the appellant and there was no difficulty in correctly identifying the appellant as the culprit. Thus there appears no reason to doubt the consistent and natural testimony of the prosecutrix herself which finds corroboration from the testimony of her near relations to whom immediately after the incident she gave out all the details, and also from the medical evidence of Dr. Miss V. Puranik P.W.7. It is true that this Lady Doctor has not given any clear cut opinion whether rape was actually committed or not, but from the facts and circumstances of the case I hold, as such it can safely be inferred that an act of rape was committed on her. It is unlikely that she would falsely implicate the appellant. Her immediate reaction in giving out all what had happened to her family members including her husband, inspires confidence in her testimony. The medical examination of the appellant himself further testifies her version. Appeal dismissed.