ANKAN MUNDU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 7.11.2009 passed by the Additional Sessions Judge, Link Court Dongargarh, District Rajnandgaon in Sessions Trial No.13 of 2009, whereby the Appellant has been convicted and sentenced as under:

(2.) Prosecution case, in brief, is that on the date of incident the prosecutrix (PW9) was a major girl aged about 20 years. According to the case of prosecution, on 14.12.2008, the prosecutrix went along the Appellant for a picnic at Karwari Dam where he offered her few eatables and cold drink. After consuming those eatables and drink, she got unconscious. Taking advantage of this situation, he committed rape with her and also prepared a video clip of the incident on his mobile phone and tried to blackmail her. He also transmitted the said video clip to co-accused Purmanand Kanwar alias Purva (acquitted). On 11.2.2009, First Information Report (Ex.P14) was lodged by her. During the course of investigation, one mobile phone was seized from the possession of the Appellant vide Ex.P5. One other mobile phone was seized from the possession of co-accused Purmanand vide Ex.P6. Statements of the prosecutrix and other witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed. The Trial Court framed charges against the Appellant under Sections 376(1), 292 of the Indian Penal Code and Section 67 of the Information Technology Act and against co-accused Purmanand under Section 67 of the Information Technology Act.

(3.) In support of its case, the prosecution examined as many as 10 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the accused persons denied the guilt and pleaded innocence. No witness has been examined in their defence.