DINARAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 29.03.2003 passed by the Special Judge, Special Court, Raipur (C.G.) in Special Sessions Case No. 98 of 2002, whereby the appellant stands convicted and sentenced as under:-

(2.) Facts of the case, in brief, are that on 11.03.2002, a report was lodged by PW-2 Mandhar (father of the prosecutrix) about missing of the prosecutrix (PW-1), in the police station Devbhog, Raipur which was recorded in Roznamcha Sanha vide Ex.-P/10C. As per Roznamcha Sanha, on 09.03.2002 the prosecutrix aged about 17 years, from 06:00 pm had gone to attend marriage function in the house of Punaouram and she did not return to home thereafter. At about 07:00 pm, PW-2 went to the house Punaouram and inquired about the prosecutrix, but she was not there and without informing, she had gone to somewhere. PW-2 also gave description of her daughter in the Roznamcha Sanha. During search of the prosecutrix, the accused himself alongwith the prosecutrix approached police station Devbhog vide Ex.-P/8 (recovery memo). Regarding caste of the prosecutrix document Article 'A' (caste certificate) was seized vide Ex.-P/2. The prosecutrix (PW-1) was medically examined by PW-4 Dr. Uma Paikra and she gave her report Ex.P/4. As per report (Ex.-P/4), Doctor mentioned that no sign of any injury was found on the body of the prosecutrix regarding sexual intercourse. According to the Doctor, no definite opinion could be given regarding rape upon the prosecutrix but she was habitual to sexual intercourse.

(3.) Ex.-P/5 spot map was prepared by Patwari PW-5 Jeevan Sahu. Regarding age of the prosecutrix (PW-1), Kotwari-panji was seized vide Ex.-P/7C and admission register was also seized vide Ex.-P/11C and in both the documents, the date of birth of the prosecutrix was written as 19.12.1985