The absence of intact hymen does not necessarily undermine the credibility of a victim's testimony in a rape case, and the defense's plea of alibi must be substantiated with strong evidence.

Judgment

1. This criminal appeal preferred under Section 374 Code of Criminal Procedure 1973, is directed against judgment and order dated 23.02.2010/24.02.2010, passed by learned Sessions Judge, Shillong in Sessions Case No. 15 of 2007, whereby, the trial court has convicted the accused John R Marak (present appellant) under Section 376 IPC, and sentenced him to rigorous imprisonment for a period of ten years and directed to pay fine of Rs. 10,000/-. The trial court has further directed that in default of payment of fine, the accused shall undergo further imprisonment for a period of six months.

2. Heard learned counsel for the appellant and learned counsel for the State, and perused the lower court record.

3. Briefly stated prosecution story is that on 15.09.2006, PW 7 L.S. (victim) along with her Aunt came to Shillong, and they booked Room No. 19 for their stay at Natraj Hotel, Police Bazar, Shillong. They reached at Natraj Hotel around 7 AM. On the same day at about 10 AM, the accused John R Marak, who was Sub-Inspector of Police, came to their room and at gunpoint took the victim forcibly to Room No. 18, and thereafter committed rape on her. PW4 Ravi Gupta, who got the room booked for the victim and her Aunt, before commission of rape by the accused John R Marak who was drunk, went from Natraj Hotel to Sadar Police Station to lodge the complaint. The police personnel from the said Police Station came to Natraj Hotel, and on their reaching the hotel, the victim disclosed that she was raped by the accused. On the very day (15.09.2006) a First Information Report (Ext. 6) was lodged by the victim at Sadar Police Station, Shillong regarding commission of rape by the accused (present appellant). She was medically examined on the very day i.e. 15.09.2006 by PW1 Dr. (Mrs) B Mawlong, Medical and Health Officer posted at Govt. Ganesh Das Hospital, Shillong. She prepared the report Ext. 1 and collected specimen like pubic hairs, vaginal swab, blood for VDRL and saliva. The investigation of the case was taken by Sub-Inspector Smti B Lyngkhoi (PW 11), from whom it was transferred to PW8 Shri KR Marak, and completed by PW12 Smti Usha Sinha, who filed charge-sheet against the accused John R Marak for his trial relating to offence punishable under Section 376 IPC.

4. It appears that after giving necessary copies to the accused John R Marak, as required under section 207 of CrPC, and after hearing on charge, learned Sessions Judge framed charge of offence punishable under Section 376 IPC against the accused John R Marak on 28.11.2007. In response to which, the accused pleaded not guilty and claimed to be tried.

5. On this, prosecution got examined PW1 Dr. (Mrs) B Mawlong, a senior Medical and Health Officer of Ganesh Das Hospital, Shillong, PW2 Smti D Lyngdoh, Assistant Director, Forensic Science Laboratory, Shillong, PW3 Dr. (Mrs) B Lyngwa of Civil Hospital, Shillong, before whom also the victim was produced for medical examination, PW4 Ravi Gupta, who went to Police Station to report against the accused John R Marak that he was drunk, and had snatched his mobile phone, PW 5 Shri Mahatum Goala, a Kitchen Boy of Natraj Hotel, PW 6 Smti Susana Ryngksai, an official of Superintendent of Police Office, Shillong, PW7 L.S. (victim), PW8 Shri KR Marak one of the Investigating Officers, PW9 Shri P Syiem, an Officer In-charge of Sadar Police Station, Shillong, who sent the police staff to Natraj Hotel on receiving the complaint, PW10 Shri DH Pde, one of the members of police team who went to Natraj Hotel, PW11 Smti B Lyngkhoi, who started investigation and PW12 Smti Usha Sinha, Sub-Inspector of Police who completed the investigation.

6. The prosecution evidence was put before the accused under Section 313 CrPC in reply to which, he admitted that he was drunk on the day of incident. However, he pleaded that he was in Yoga class in Reserve Police Line on 15.09.2006 from 6:30 AM. He denied the allegation and evidence adduced by the pr