2018 (2) AJR 8 ::(2018) 1 JLJR 166

Jharkhand High Court

Hon'ble Judge(s): Aparesh Kumar Singh, B. B. Mangalmurti , JJ

(A) Penal Code (45 of 1860) , S.376, S.342— Evidence Act (1 of 1872) , S.3— Rape - Appreciation of evidence - Accused allegedly committing forcible intercourse with victim aged about 12-13 years by misleading her to accompany him on his insistence and keeping her in confinement for five days - Medical examination showing rupture of hymen and subjection to sexual intercourse at tender age - Absence of live or dead spermatozoa in vaginal swab and smear as microscopic examination of victim done after 7 days of her release leading to no evidence of recent intercourse - Testimony of victim corroborated by medical evidence - Conviction, proper. (Para 12) (B) Penal Code (45 of 1860) , S.376, S.342, S.53— Sentence - Rape - Accused aged about 18 years only at time of occurrence - Accused and victim studying in same school - No aggression evident from physical examination of victim though subjected to sexual intercourse - Also no psychological scar or depression as victim working for two years - Accused, in custody since 11 years - Sentence of life imprisonment modified to period already undergone. (Para 12 13) .....