BASAWAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 09/10/2012 passed in Sessions Trial No. 169/2011 by the First Additional Sessions Judge, Balodabazar (C.G.), whereby the Appellant has been convicted under Sections 506 Part-II and 376 of the Indian Penal Code and sentenced to undergo RI for 2 years with fine of Rs. 500/- and RI for 7 years with fine of Rs. 500/-, respectively, with default stipulations.

(2.) Facts of the case are that the Prosecutrix (PW1) is a married lady aged about 26 years. On 23/06/2011, she lodged an FIR (Ex.P-1) alleging therein that on 22/06/2011 at about 7:30 pm when she had gone to attend the call of nature, the Appellant came from behind and caught hold her. The Appellant committed forcible sexual intercourse with her. It was further alleged by the Prosecutrix that she could not identify the Appellant at the time of incident, but after the incident when the Appellant (assailant) was fleeing from the spot, she recognized the face of the Appellant in the light of torch. It has been further alleged that after the incident when she switched on the torch, she found some documents and two photographs lying on the surface, which were fallen from the pocket of the assailant. She collected those documents and photographs and shown the same to Rupendra Kumar (PW7), whereupon Rupendra (PW7) told her that the photographs belongs to the Appellant. Thereafter, she reached to the police station and lodged the FIR. The police recorded the statement of the Prosecutrix as well as other witnesses under Section 161 of the Cr.P.C. 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 10 witnesses. Statement of the Appellant under Section 313 of the Cr.P.C was recorded wherein he has pleaded his innocence and false implication in the matter. In his defence, the Appellant examined himself as DW1 and four other witnesses in his defence.

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