CHAND PASHA @ CHAND BASHA Vs. STATE

JUDGEMENT

(1.) This appeal is preferred by the accused No.1 by assailing the Judgment of conviction passed by Additional District and Sessions Judge and Presiding Officer Fast Tract Court-I, Raichur in SC No.121/2010 dated 22.07.2011.

(2.) The brief matrix of the case of the prosecution in nutshell are that on: 21.4.2009 at about 8:00 PM in Ganjalli village, when the complainant- victim was returning after completion of her coolie work in the land of C.W.11 Bhaskar Reddy, accused No.1 asked her to come and sleep with him. Thereafter, dragged her to the land Survey No.388 and caused voluntarily hurt and committed forcible rape on her. It is further alleged that, thereafter accused No.1 used to continuously have a sexual intercourse with the victim whenever she used to come for coolie work in the land of Bhaskar Reddy and also in her house in the absence of her mother. It is the further case of the complainant that when the victim's mother Maremma came to know that her daughter has become pregnant, made an enquiry with her as to who is responsible for the said pregnancy, at that time victim revealed the name of accused No.1 and told his repeated sexual intercourse with her.

(3.) Thereafter, on 25.1.2010 at about 7:00 PM, mother of the victim along with victim went to the house of accused No.1 Chand Pasha and requested him to marry her, as she has become pregnant because of his act. It is further alleged that, at that time, accused No.1 and 2 refused to marry and thereafter abused them in filthy language and threatened with dire consequences. It is further alleged that accused No.1 and 2 assaulted mother of the victim by holding her neck and pushed her. It is further case of the complainant that, accused No.1 used to have intercourse with victim by assuring her that, he would look after her since her husband has deserted and thereby cheated her and also sexually assaulted her. Since the complaint was not received by the police, by taking the aid of an advocate, victim- complainant filed a private complaint before JMFC-III Court, Raichur, the same was registered in PC No.7/2010 and the matter was referred under Section 156 (3) of Cr.P.C. to the C.P.I., who registered the case in Cr.No.19/2010 and thereafter after investigation the charge sheet was came to be filed.