TULASI RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By the impugned judgment dated 23/11/2002 passed in S.T. No. 150/2001 by the Sessions Judge, Rajnandgaon, Chhattisgarh, Appellant has been convicted under Sections 450 and Section 376(2)(g) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and rigorous imprisonment for 10 years respectively with default stipulations. All jail sentences to be run concurrently.

(2.) In the present case, prosecutrix is a married lady aged about 30 years having two children. According to the case of the prosecution, on the date of incident i.e. 18/07/2001 at around 9:30 PM, prosecutrix was sleeping in her house with her two children aged about five years and eight years and her husband Prem Lal (PW-5) had gone out towards Basti to purchase Bidi, at that time appellant Tulasi Ram and other co- accused persons namely Manik and Vinod (both acquitted) forcibly broke the door of her house and entered in the house due to which prosecutrix woke up and asked why they had entered in her house. Meanwhile, her son namely Tetaku aged about 8 years also woke up and shouted Babu-Babu. On this, co-accused Manik and Vinod ran away from the spot. Then accused/appellant Tulasi Ram started committing rape with her. When appellant tried to kiss her lips then prosecutrix bit the lips of the appellant. Thereafter, appellant ran away from the spot. Prosecutrix started shouting and went to the house of one Ramhu (PW-12) and narrated the whole story to him. Husband of the prosecutrix and other villagers also gathered at the spot and thereafter caught the appellant and committed mar-pit with him. At around 2:30 AM, prosecutrix lodged the F.I.R. i.e. (Ex. P-1) against the appellant and other co-accused persons Manik and Vinod. Prosecutrix was medically examined by Dr. Surendra Bagga (PW-4) vide (Ex. P-9). 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 and other co-accused person namely Manik and Vinod. Trial Court framed charges against appellant and co-accused persons.

(3.) In support of its case, the prosecution examined as many as 12 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the appellant and other co-accused persons denied the guilt and pleaded innocence. No witness has been examined in defence for the appellant but co-accused persons examined three witnesses in defence namely Bisoha Ram Sahu, Head Constable (DW-1), Gopal Dakaha (DW-2) and Santosh (DW-3) in their support.