RAVINDRA BISHOI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 21/11/2012 passed in Sessions Trial No. 21/2012 by the Sessions Judge, Bastar at Jagdalpur (C.G.), whereby the Appellant has been convicted under Sections 376 (2) (ch) and 363 of the Indian Penal Code and sentenced to undergo RI for 10 years with fine of Rs. 5,000/- and RI for 3 years with fine of Rs. 1000/-, respectively with default stipulations.

(2.) Facts of the case are that the Prosecutrix is a girl aged about 2 years at the time of incident. On 21/12/2011 at about 8:00 pm, the Prosecutrix was sleeping in her house. The Appellant had taken her with him towards Nahar without informing anyone. There he committed rape with the Prosecutrix. Kailash (PW1) father of the Prosecutrix and Meena (PW2), mother of the Prosecutrix searched the Prosecutrix and when they could not find the Prosecutrix, they went to lodge the report at police station, kondagaon. At that time one Saleem called Kailash on his phone and told that the Appellant has left the Prosecutrix in his house. They returned to their house. Later on, Meena saw that there were some cut injuries in the private part of the Prosecutrix. Thereafter, Kailash lodged a written complaint Ex.P-1 on 23/12/2011 at Kondagaon police station. The Prosecutrix was medically examined by Dr. Manisha Agrawal (PW3) on 24/12/2011. During examination, she found some abrasions in the pubic area and vagina of the Prosecutrix. The hymen was raptured and blood was coming out. She gave opinion that sexual intercourse was performed with the Prosecutrix. On these backgrounds, FIR has been registered vide Ex.P-6. Statements of witnesses under Seciton 161 of the Cr.P.C were recorded. After completion of investigation, a charge-sheet was filed. Trial Court framed the charges. To prove the guilt of the Appellant, the prosecution has examined as many as 6 witnesses. Statement of the Appellant under has been recorded wherein he has pleaded his innocence and false implication in the matter. One defence witness has been examined.

(3.) After trial, the trial Court has convicted and sentenced the Appellant as mentioned in paragraph one of this judgment. Hence, this appeal.