MUKKU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment dated 21.8.2013 passed in Special S.T. No.33/2012 by the Special Sessions Judge, Bilaspur, District Bilaspur, (C.G.) wherein appellant has been convicted and sentenced as under :

(2.) In the present case, prosecutrix (PW-1) is a major lady having two children. Appellant herein is also a married person having two children. According to the case of the prosecution, on 26.08.2012 at around 9:30 PM, when prosecutrix was sleeping in her house with her 8 years old child, at that time appellant knocked the door of her house. When she opened the door, appellant forcefully entered in her house and committed sexual intercourse with her. Immediately, after the incident, she narrated the entire story to Rahin Kaiwart (PW-2), Savita Kenwat and Gautam. When husband of the prosecutrix came to the house, she narrated the whole incident to him also. Thereafter, in the night itself, prosecutrix lodged a report vide Ex.P-1 in the police station. Prosecutrix was medically examined by Dr. (Smt.) Neelima Sharma (PW-5). Her report is Ex.P-7. Statement of the prosecutrix and other witnesses were recorded under Section 161 of the Cr.P.C. After completion of the investigation, a charge-sheet was filed. To prove the guilt of the accused/appellant, prosecution has examined as many as 10 witnesses. One defence witness namely Rajkumar Kashyap (DW-1) has been examined. Statement of appellant under Section 313 of the Cr.P.C. was recorded, wherein accused/appellant has pleaded his innocence and false implication in the matter.

(3.) After completion of trial, the trial Court has convicted and sentenced the appellant as mentioned in paragraph 1 of this judgment. Hence, this appeal.