Penal Code, 1860–Sec. 376 [Corresponding Sec. 64 of BNS, 2023]–Conviction–Appreciation of–Case of prosecution that the appellant committed rape while the prosecutrix was working in the appellant’s field and her husband had gone to another field belonging to appellant–Marks of violence on her right side of vaginal and presence of seman stains on her clothes–Appellant neither presented any evidence nor denied in his statements, recorded u/s. 313–He cannot be acquitted on the ground of non-detection of human semen stains on the private parts of the prosecutrix–No reason to doubt the credibility and trustworthiness of the prosecutrix’s testimony–Place of incident was soft and grassy ground, therefore, it is possible that she did not sustain any other injury–Delay in FIR is explained–No evidence of false implication–Prosecution story cannot be considered doubtful merely because the other Investigation Officer of case was not examined–Held, conviction was justified–However, the sentence is reduced up to the period of ten years.
