RAVI KUMAR YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By the impugned judgment dated 17/06/2002 passed in S.T. No. 413/2001 by the Sessions Judge, Raipur, Chhattisgarh, Appellant has been convicted under Sections 363, 366 & 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and fine of Rs. 500/-; rigorous imprisonment for five years and fine of Rs. 500/- and rigorous imprisonment for seven years and fine of Rs. 500/- respectively with default stipulations. All jail sentences to be run concurrently.

(2.) Facts of the case, in brief are that at the relevant time, age of the prosecutrix was below sixteen years. According to the mark-sheet of the prosecutrix and the entries made in the Dakhil Karij Register, date of birth of the prosecutrix is 22.12.1985. On the date of the incident, prosecutrix (PW-1) alongwith her sister went for school at around 7:00 AM but on the way prosecutrix went to her friend Girja's house. It is alleged that from there appellant took the prosecutrix with him and went to his maternal aunt's house at Lakhenagar situated at Raipur. Thereafter, appellant took the prosecutrix to Bhilai and then Dongargarh. At night, they both stayed in one Ashram where appellant committed sexual intercourse with the prosecutrix. On the next day, appellant took back the prosecutrix to his aunt's house at Raipur. Meanwhile, a missing report of the prosecutrix has been lodged by the father of the prosecutrix. When prosecutrix returned Raipur, she narrated the entire story to her father. Thereafter, on 28/08/2001, F.I.R. vide Ex. P-4 has been lodged by the father of the prosecutrix namely Jhumuk Lal Sahu (PW-3). Prosecutrix was medically examined by Dr. N. Mukherjee (PW-8). Since, at the time of her medical examination, prosecutrix was going through her menstruation period, so, she was not medically examined by the Doctor. However, vide Ex. P-17, Doctor had advised for ossification test for determination of age of the prosecutrix. Statement of the prosecutrix and other witnesses were also recorded under Section 161 of the Code of Criminal Procedure. After completion of the investigation, charge-sheet was filed against accused/appellant. Trial Court framed charges against appellant.

(3.) In support of its case, the prosecution examined as many as 8 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the appellant denied the guilt and pleaded innocence. No defence witness has been examined.