MAHESHWAR KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment and order dtd. 23.08.2002 passed by the First Additional Sessions Judge, Kanker, district Kanker in Sessions Trial No.365/2001 convicting the accused/appellant under Sec. 376/511 IPC and sentencing him to undergo rigorous imprisonment for five years and to pay fine of Rs.1,000.00 with default stipulation.

(2.) Brief facts of the case are that on 08.06.2001, prosecutrix, a minor aged 7 years, was playing outside her house at about 7.00 p.m. and her mother and sister were inside, at that time, accused Mahesh, who was the neighbour, came and asked her to come along with him and he will give a box to her. It is further case of the prosecution that when she went with him to his shop, he closed the shutter and undressed himself and after undressing the victim, committed sexual intercourse and then asked her to come on the next day. She narrated about the incident to her sisters Neha and Nidhi and was later informed by her sister to their mother. Thereafter, her mother informed her father and then FIR was lodged against the appellant under Sec. 376 IPC. On 17.06.2001 itself prosecutrix was medically examined by Dr. Smt. Hemlata Sahu (PW-11) vide Ex.P-12 however there was no sign of injury on the prosecutrix and she was referred to the Gynecologist Dr. Smt. M.Tiwari (PW-12) who opined that there was no injury on the private part and the hymen was found intact. After preparing slides, she was sent to the radiologist for age determination and after examination vide Ex. P-13, she opined that the prosecutrix was aged between 6 to 9 years. Accused/appellant was also medically examined Dr. Naresh Kumar Goyal (PW-8) on 31.12.2001 vide Ex.P-6 and was found capable of performing sexual intercourse. After investigation, charge sheet was filed against the appellant. Accordingly charges were framed against him.

(3.) In order to establish the guilt of the accused/appellant, prosecution has examined 14 witnesses. Statement of the accused/appellant was also recorded under Sec. 313 of the Cr.P.C. in which he denied the charges levelled against him and pleaded innocence and false implication in the case. One defence witness was examined by the accused to establish his defence.