Appeal was dismissed in Conviction of rape offence FIR promptly lodged DNA matched. 2020 M L D 588

Conviction of rape offence FIR promptly lodged DNA matched.

2020 M L D 588

----S. 376 ---Rape---Appreciation of evidence---Ocular and medical evidence---Corroboration---Accused was charged for committing rape with the daughter of complainant---Ocular account of the occurrence had been furnished by complainant, victim and a witness---First Information Report of the case was lodged on the same day, wherein the accused was named with specific role---Nothing was available on the record to doubt the authenticity of the FIR---Victim, at the time of incident, was wearing qameez and shalwar and having dopatta---Victim had specifically stated that accused removed her shalwar and committed rape on her---Complainant stated that when they entered the room the accused was busy in committing rape forcibly with his daughter---Victim was lying there in naked condition and blood was oozing out from the vagina---Victim stated that she raised hue and cry---Accused left her in naked position---Victim had been wearing the same shalwar without washing herself immediately after the act, thus, it was quite possible that her clothes were stained with semen---Victim and prosecution witnesses did not have any motive to make a false accusation against the accused, with the charge of rape at the risk of victim's and family honour---Besides, there was no time or occasion to manipulate semen stains on victim's clothes---Clothes of victim were sent for Chemical Analysis and DNA by Lady Medical Officer---Report of the Chemical Examiner showed that her clothes were stained with semen---Semen found on victim's clothes and shalwar of accused was of the group of accused---Observation by Lady Medical Officer during medico-legal examination of victim clearly made out that the victim had been subjected to rape as stated by the victim---Lady Medical Officer stated in her statement that victim was wearing red and yellow qameez shalwar and white printed dopatta, which were blood stained---Multiple reddish abrasions present in pre-hymeneal area, hymen ruptured, posterior fresh, bleeding present were observed---After short span of the incident, medical examination of the victim and accused was conducted and DNA report was positive---Medical evidence had corroborated the evidence of the victim---Testimony of victim was cogent and credible not only due to her social background but also due to the fact that her version had been clearly corroborated by the other materials---Appeal was dismissed