SANDEEP VERMA Vs. STATE OF C G

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 9.9.2008 passed by Additional Sessions Judge, Bhatapara in Sessions Trial No. 03/2007 convicting the accused/appellant under Sections 346, 376(1) and 506(B) IPC and sentencing him to undergo rigorous imprisonment for one year u/s. 346, seven years with fine of Rs. 500 u/s. 376(1) and five years with fine of Rs. 500 u/s. 506(B) IPC, plus default stipulations. Facts of the case in brief are that on 17.5.2007 a written report Ex. P-1 was lodged by the prosecutrix aged about 15 years at the relevant time alleging that on 28.4.2007 she had come to village Girra to attend the marriage of her brother. On 30.4.2007 at about 8 p.m. when she was going to the house of her aunt, all of a sudden two boys came from behind, gagged her mouth, took her by dragging to the house of one Diamond Sahu and stuffed her mouth with soil and then the other boy left the spot. Accused/appellant abused, beat and threatened her saying that if she disclosed the incident to anyone he would kill her as well as her family members. Thereafter, the accused/appellant threw her on the floor, removed her clothes including underwear and when she kicked him; he assaulted her on head as a result of which she became unconscious. After regaining consciousness, she found herself naked, blood was oozing from her private part and she was feeling pain. It is alleged that she was subjected to rape by the accused/appellant as a result of which she started losing consciousness. It is alleged that before committing the offence, accused/appellant had bolted the door from inside. She is alleged to have been taken out of the room by breaking open the door and taken for treatment to Dr. Pramod Tiwari at Baloda Bazar and on recovery from her physical condition, the report was lodged by her. Based on this written report, FIR Ex. P-2 was registered on 17.5.2007 for the offences under Sections 450, 376, 506 and 342 IPC. She was medically examined by Dr. Mamta Thakur (PW-13) who gave her report Ex. P-18. After completion of investigation, charge sheet was filed by the police for the offences under Sections 450, 376, 506 and 342 IPC. The Court below however framed the charge against the accused/appellant under Sections 346, 506-B, and 376(1) IPC.

(2.) In support of its case, prosecution has examined 14 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case.

(3.) After hearing the parties, the Court below has convicted and sentenced the accused/appellant as mentioned above.