SURENDRA VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 22/07/2014 passed in Sessions Trial No. H-02/2014 by the Additional Sessions Judge, Bhatapara, District Balodabazaar (C.G.), whereby the Appellant has been convicted under Section 376 (2)(h) of the Indian Penal Code and sentenced to undergo RI for 10 years and to pay fine of Rs. 2000/- with default stipulation.

(2.) Facts of the case are that the Prosecutrix (PW1) is a married lady. The Appellant is father-in-law of the Prosecutrix. The Prosecutrix was carrying pregnancy of about 33 weeks at the time of incident. On 05/11/2013, when other family members of the Prosecutrix were not present in the house, the Appellant asked the Prosecutrix to talk with her mother and father on mobile phone. After talking with her parents, the Prosecutrix went inside his room to return his mobile phone that's when the Appellant dragged her into his room and committed forcible sexual intercourse with her. According to the prosecution, being father-in-law, the Appellant was well aware of the fact that the Prosecutrix is carrying pregnancy, inspite thereof he committed rape with her. After the incident, the Prosecutrix went to her maternal house by train and narrated whole incident to her parents. Thereafter, the matter was reported vide Ex.P-1. The Prosecutrix was medically examined by Dr. Anita Verma (PW6). Her report is Ex.P-9. For determination of pregnancy of the Prosecutrix, she was further examined by Dr. Sachitendra Mishra (PW9). His reports are Ex.P-19 & 20. According to sonography report of the Prosecutrix, she was carrying advanced stage pregnancy of 33 weeks. Statements of the Prosecutrix and other witnesses were recorded 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 9 witnesses. Statement of the Appellant under Section 313 of the Cr.P.C has been recorded wherein he has pleaded his innocence and false implication in the matter. One defence witness has been examined.

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