JHADURAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 22-7-2009 passed by Additional Sessions Judge (FTC), Raipur in Sessions Trial No. 58/2009 convicting the accused /appellant for the offence punishable under Sections 450 and 376, IPC and sentencing him to undergo RI for five years with fine of Rs. 500 u/S. 450 and RI for seven years with fine of Rs. 500/- u/S. 376, IPC, plus default stipulations.

(2.) Case of the prosecution in brief is that on 1-3-2009, FIR (Ex. P-13) was lodged by the prosecutrix (PW-1) - a mentally challenged woman aged about 25 years alleging that on 28-2-2009 when she was all alone in her house, at about 2 p.m. accused/appellant who was her neighbour gained an entry thereto, threw her on the cot and after removing her underwear committed forcible sexual intercourse with her. It is also alleged that when she tried to raise alarm, the accused/ appellant gagged her mouth. On hearing her cries, grandmother and sister of the prosecutrix came there and on seeing them the accused/appellant left the spot. Based on this report, offences under Sections 450 and 376, IPC were registered against the accused/appellant and prosecutrix was medically examined by Dr. (Smt) S. Ahluwalia (PW-2) vide Ex. P-l. After completion of investigation, charge-sheet was filed by the police on 1-4-2009 under the same sections and then the Court below also framed the charge accordingly.

(3.) In support of its case, the prosecution has examined 13 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he pleaded his innocence and false implication in the case.