SHEO KUMAR ALIAS NETAJI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 03/09/2002 passed in S.T. No. 57/2002 by the Sessions Judge, Bilaspur, whereby the Appellant has been convicted as under:-

(2.) Facts of the case are that the Prosecutrix (PW1) is a major married lady having one child. Her husband was in the jail due to some offence at the time of incident. The Prosecutrix was residing with her mother. On 12/10/2001, she was sleeping with her children and mother. At about 4:00 am, when her mother had gone to attend the call of nature, the Appellant entered into their house at about 4:30 am. He closed her mouth and committed sexual intercourse with her. She recognized the Appellant from his voice. She also saw the Appellant in light when he was fleeing from her Veranda. After some time, Girja Bai (PW2), mother of the Prosecutrix returned, she narrated the incident to her. The Prosecutrix also intimated this fact to her mother-in-law, Geeta Bai. When, they were going to lodge the report, on the way the Appellant met them and told not to lodge the report. He also told her to compromise the matter, but the Prosecutrix lodged the matter vide Ex.P-1. The Prosecutrix was medically examined by Dr. Smt. M. Pandey. Her report is Ex.P-10. Statements of the Prosecutrix and other witnesses 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 9 witnesses. Before trial Court, it was defence of the Appellant that Upsarpanch Jwala Prasad used to visit the house of the Prosecutrix, which the Appellant had protested and due to this a false and fabricated report has been lodged at the behest of Jwala Prashad. In his statement recorded under Section 313 of the Cr.P.C, an alternative defence has also been taken by the Appellant that the Prosecutrix had encroached his land and when he told her to vacant the said land then the Prosecutrix made a false report. Two defence witnesses have been examined.

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