RAJKUMAR DHANKAR @ CHOTU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 9.3.2018 passed by the Additional Sessions Judge (FTC), Durg in Sessions Trial No.42 of 2014, whereby the Appellant has been convicted and sentenced as under:

(2.) Prosecution case, in brief, is that on the relevant date, the prosecutrix was an about 12 years old mentally retarded girl. On 21.11.2013 at about 10:00 a.m., she was at her house along with her 5-6 years old younger sister Lokeshwari (PW6). The Appellant entered the house and asked Lokeshwari (PW6) for bringing water and thereafter he entered inside the room of the prosecutrix. He undressed the prosecutrix and committed rape with her. The incident was witnessed by Lokeshwari (PW6) from a hole of the door of that room. The incident was explained by the prosecutrix to Lokeshwari (PW6) by expressing hints. Lokeshwari (PW6) informed about the incident to her grandmother Tuman Bai (PW9). Tuman Bai (PW9) narrated the incident to other family members. On 25.11.2013, First Information Report (Ex.P12) was lodged by Khileshwar (PW7), father of the prosecutrix. Since the prosecutrix was a mentally retarded girl, S. Asha (PW1), a teacher of Mand Buddhi Vidyalaya, Sneh Sampada, Durg recorded her statement (Ex.P2) by understanding her hints. The prosecutrix was medically examined by Dr. Smita Choudhary (PW4). Her report is Ex.P9. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the Appellant. Charges were framed against him.

(3.) In support of its case, the prosecution examined as many as 10 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the Appellant denied the guilt and pleaded innocence. In his defence, he examined 2 witnesses.