ANAND RAM Vs. STATE OF C G

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 16.2.2009 passed by Special Sessions Judge, Sarguja in Special Case No. 89/2008 convicting the accused/appellant for the offences punishable under Sections 376 (1) and 450 IPC and sentencing him to undergo rigorous imprisonment for seven years with fine of Rs. 200/- u/s 376 (1) and rigorous imprisonment for three years with fine of Rs. 200/- u/s 450 plus default stipulations.

(2.) Facts of the case in brief are that on 21.6.2008 FIR Ex. P-1 was lodged by the prosecutrix (PW-1) aged about 14 years at the relevant June alleging that as her mother used to go to the market on every Sunday, the accused/appellant used to have sexual intercourse with her since the month of March-April. It is alleged that the incident was witnessed by her younger sister namely Santoshi (PW-6) and that on account of the act of the accused/appellant she had become pregnant and a day before lodging the report she narrated the incident to her parents. Based on this FIR, offences under Sections 376 and 506-B were registered against the accused/appellant and after completion of investigation challan was filed by the police on 12.9.2008 for the offences under sections 450, 376, and 506-B IPC. However, the trial Court framed the charges against him under Sections 3 (2) (V) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act in alternative 376 (1) IPC and 450 and 506 (part-II) thereof.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 11 witnesses in support of its case. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges leveled against him and pleaded his innocence and false implication in the case.