DARWAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant being aggrieved by the judgment dated 28-2-2001 passed in Session Trial No. 139/2000 by the Additional Sessions Judge, Khairagarh (Rajnandgaon) (Shri F.L. Unjan), convicting the appellant for offences punishable under Sections 376, 450, 342 and 323, IPC and sentencing him to undergo R.I. for 7 years and pay fine of Rs. 1,000.00, in default of payment of fine to undergo R.I. for six months, 3 years R.I. and pay fine of Rs. l,000.00 in default of payment of fine to undergo R.I. for six months, to pay fine of Rs. 1,000.00 in default of payment of fine to undergo R.I. for six months and pay fine of Rs. 1,000.00 in default of payment of fine to undergo R.L for six months respectively, has filed this appeal.

(2.) The prosecution case, in brief, is that on 21-7-1999 at about 10.00 a.m. the applicant/accused unauthorisedly with an intention to commit an offence entered into the house of proseculrix (Indrabai), wrongfully confined her, caused injuries and committed rape upon her.

(3.) Indrabai (P. W. 3) is a married woman and is living with her husband-Dulurwa (P.W. 4). On 21-7-1999 at about 6.00 a.m. the husband of the prosecutrix went to the fields and when he returned at about 10.00 a.m., he found that the accused was committing rape upon his wife. According to the prosecutrix, the accused, who is a neighbour, entered into her house, asked for some drinking water, when the prosecutrix had entered inside the house to bring water, the accused pounced upon her, fell her on the ground and committed rape. In the incident she suffered certain injuries. Immediately on arrival of her husband, the matter was reported to him and thereafter at about 12.00 noon report (Ex. P-4) was lodged at Police Station, Gandai. Crime No. 65/1999 was registered and the Police agency came into action. The prosecutrix was sent for her medical examination, the statements of the witnesses were recorded, certain seizures were made and on completion of the investigation, the challan was filed. As the accused denied the commission of the offence he was put to trial. After hearing the parties, the learned Trial Court convicted the accused and awarded the sentences as referred to above.