BHOKULAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 07.03.2009 passed by Additional Sessions Judge Korba in Sessions Trial No. 14/2008 convicting the accused/appellant under Section 376 (1), 450 and 457 IPC and sentencing him to undergo rigorous imprisonment for seven years with fine of Rs. 10,000/- u/s. 376 (10, rigorous imprisonment for five years with fine of Rs. Rs. 1,000/-0 u/s. 450 and rigorous imprisonment for three ;years with fine of Rs. 1,000/- u/s. 455 IPC plus default stipulations.

(2.) Facts of the case in brief are that on 06.12.2007 at about 04.30 p.m. an unnumbered report was lodged in police outpost Urga by the prosecutrix (PW-1) - a married lady aged about 25 years alleging that on 04.12.2007 her husband and father-in-law had gone to Dharmjaigarh to collect kosha yarn and she was all alone in her house. According to the case of the prosecution after taking meals when she was sleeping after closing the doors of her house, at about 12 in the midnight accused/appellant gained an entry thereto by jumping over the wall. After hearing jumping-like sound she woke up and sat on the cot thereafter the accused/appellant caught hold of her hand, made her lie on the cot and after removing her sari, petticoat and blouse committed forcible sexual intercourse with her. On voice being raised by her, the accused/appellant slapped her and threatened her of life and after commission of the offence he left the place of incident. It is alleged that on account of fear she did not come out of her house in the night, however, in the next morning she disclosed the incident to Vinay, Neeraj, Vicky, Rekha and Chanchal Dewangan and after arrival of her husband to him also and then the report was lodged. It is alleged that as on the date of incident her husband was not at home, the report could not be lodged promptly. Based on this unnumbered report, FIR (Ex. P-1) was registered in police station City Kotwali under Section 456, 376 and 506 (II) IPC. After completion of investigation charge sheet was filed by the police for the said offences. However, the Court below framed charge against the accused/appellants under Section 450, 457, 376 (1), 323 and 506 (II) IPC.

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