PAWAN KUMAR RATHIA Vs. STATE OF C.G.

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC is directed against the judgment of conviction recorded for offence under Sec. 376(1) of the IPC and sentence awarded i.e. imprisonment for life and fine of Rs.50,000.00, in default of payment of fine to further undergo additional imprisonment for three years by the First Additional Sessions Judge, Raigarh by the impugned judgment dtd. 12/4/2013 in Sessions Trial No.17/2012.

(2.) The case of the prosecution is that on 3/10/2011 at 7 p.m. the appellant committed sexual intercourse with minor prosecutrix against her wishes and thereby committed the offence. It is further case of the prosecution that on 3/10/2011 at 7 p.m. the appellant took custody of minor prosecutrix from her maternal grandmother Sunkunwar Bai (PW-2) and thereafter committed sexual intercourse with her, which was noticed by Siyaram Rathia (PW-5) who has snatched minor prosecutrix from the appellant, at that time, blood was oozing from her private parts. She was admitted to Sanjiwani Hospital, Raigarh. On report being received by Police Station Raigarh, Sub-Inspector Uma Gupta (PW-8) registered dehati nalishi vide Ex.P-1 and thereafter FIR No.172/2011 for offence under Sec. 376 of the IPC was registered against the appellant herein. The prosecutrix was sent for medical examination vide Ex.P-8A, where Dr.Malti Kumari (PW-6) treated her and found lacerated wound of about 2 cm x 2 cm present over posterior vaginal wall at 6 'o' clock position. Hymen was raptured and easily inserting 1 finger. Spot map was prepared by investigating officer vide Ex.P-5. Dhoti and underwear of the appellant were seized vide Ex.P-6. The appellant was arrested on 6-10- 2011 vide Ex.P-7. Statements of the witnesses were recorded under Sec. 161 of the CrPC. The appellant was charge-sheeted before the Judicial Magistrate First Class, Gharghoda, who in turn, committed the case to the Court of Session, Raigarh for trial in accordance with law. The accused / appellant abjured the guilt and entered into defence.

(3.) In order to prove the prosecution case, the prosecution examined as many as 8 witnesses and exhibited 21 documents Exs.P-1 to P-21. Statement of the accused/appellant under Sec. 313 of the CrPC was recorded in which he denied guilt. However, he examined none in his defence.