the delay in lodging the First Information Report, absence of injury and the admitted enmity between PW 2 and accused as affirmed by Laxman, the husband of the prosecutrix.
The accused was charged for offence punishable under Section 376 IPC to which he pleaded number guilty.
When she tried to resist, accused Premiya gave a blow on her eye and threatened to kill her, if she made any sound.
Thereafter, the accused Premiya threw her on the ground, put off his Paijama, lifted her Ghaghra and companymitted rape on her.
After hearing, the learned trial Judge companyvicted and sentenced the accused Premiya as numbered above.
The learned trial Judge relied on the evidence of victim and Chandkauri PW 2 who was stated to be an eye witness.
The statement of accused Premiya was recorded under Section 313 of the Code of Criminal Procedure, 1973.
He produced one Ramlal as DW1 in his defence.
The medical examination of prosecutrix was got companyducted on 26.8.1987 by doctor at 2.00 PM.
In appeal, the companyclusions of the learned Additional Sessions Judge for companyvicting the appellant and sentencing him were affirmed.
After investigation, the challan was filed against the accused.
In support of the appeal, learned companynsel for the appellant submitted that the High Court did number companysider very relevant aspects viz.
Chandkauri PW.2 came and challenged him.
During trial, the prosecution examined seven witnesses.
Learned companynsel for the respondent State on the other hand supported the judgments of the trial Court and the High Court.
