Consent is critical in determining culpability in sexual offences; mere minor injuries do not imply lack of consent.

1. This appeal arises out of the judgment of conviction and order of sentence dated 28.11.2005 passed by the Sessions Judge, Jashpur, Distt. Jashpur in ST No.67/2005, convicting the accused / appellant under S.376 of IPC and sentencing him to undergo RI for seven years and pay a fine of Rs.150/- with default stipulation.

2. Brief facts of the case are that on 25.4.2005 at about 4 pm, FIR (Ex.P / 1) was lodged by the prosecutrix (PW - 1), a widow, aged about 45 years, alleging therein that on the previous night the accused / appellant gave her Rs.20/- and asked for bringing liquor. Thereafter, she and the appellant consumed liquor in her house, after some time the appellant started teasing her and then committed bad work with her. Upon hearing her cries, her two nephews Devdas and Khutlu came there and caught hold of the appellant. Next day, a village meeting was called where the appellant was made to understand and ultimately, at the instance of the villagers she lodged the report against the appellant. Based on this report, offence under S.376 of IPC was registered against the appellant. The prosecutrix was medically examined on 26.4.2005 by PW - 3 Dr. Smt. K. Tirkey vide Ex.P / 2 who noticed no mark of struggle on her body, she was in mensuration period, labia majora and minora were normal, hymen absent, abrasion on right side of perineum with reddishness and pain; there was reddishness and pain on back of perineum. In her opinion, the prosecutrix was subjected to sexual intercourse. In cross - examination, she has stated that if sexual intercourse is consensual, such symptoms could be found on the body of the woman. After Investigation charge sheet was filed against the appellant under S.376 of IPC followed by framing of charge accordingly by the trial Court.

3. So as to hold the accused / appellant guilty, the prosecution examined as many as 5 witnesses. Statement of the accused was also recorded under S.313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.

4. The trial Court after hearing counsel for the respective parties and considering the material available on record, by the impugned judgment convicted and sentenced the appellant as mentioned in para - 1 of this judgment.

5. Learned counsel for the appellants submits that from perusal of the statement of the prosecutrix, in particular paras 14, 15, 16, 17 & 20, it is evident that she was a consenting party. The prosecutrix has admitted the fact that had the amount of Rs.5000/- been given to her nephew Devsai (PW - 2), she would not have lodged the report. Further, medical report also does not support the version of the prosecutrix. According to medical evidence, though there were symptoms of sexual intercourse on the private part of the prosecutrix, but the doctor has made it clear that such symptoms could occur on the body of the wornan, if the act of sexual intercourse is consensual..

6. On the other hand, supporting the impugned judgment it has been argued by the State counsel that conviction of the appellant is based on proper appreciation of the evidence and as such, there is no scope for interference in the judgment impugned.

7. Heard counsel for the respective parties and perused the material on record.

8. PW - 1 the prosecutrix has stated that on the date of incident at about 12 in the night when she was all alone in the house, the accused / appellant entered her house and committed forcible intercourse with her against her will. Upon hearing her cries, her two nephews and other relatives came to her rescue, caught hold of the appellant and took him ou