MOHANLAL VERMA Vs. STATE OF C.G.

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and order dated 6.10.2009 passed by Additional Sessions Judge, Bhatapara District Raipur in Sessions Trial No. 01/2009 convicting the accused/appellant under Sections 456, 376 and 506 (Part-II) IPC and sentencing him to undergo simple imprisonment for one year with fine of Rs. 100 u/s 456, simple imprisonment for seven years with fine of Rs. 100 u/s 376 and simple imprisonment for six months with fine of Rs. 100 u/s 506 (Part-II) IPC, plus default stipulations. Facts of the case in brief are that on 26.4.2008 FIR Ex. P-3 was lodged by Pawan Kumar Verma (PW-2) stating that he is resident of village Arjuni and is working in the Lafarge Cement Company, Gopalnagar. He has stated that on 26.4.2008 at about 8 a.m. when he was in his office, his wife Hemin Verma (PW-5) informed him on telephone that accused/appellant herein who is resident of his village entered into his house after jumping over the fencing with an object to commit theft and when he was seen by his wife she shouted saying "Chor Chor" and thereafter the accused/appellant fled away from the spot in the same way. He immediately came back to his village where his wife informed him the entire incident in detail. In the night of 25.4.2008 after taking meals his wife was sleeping in the terrace of his house along with his son whereas the prosecutrix was sleeping in a room in the ground floor. At about 2 a.m. his wife heard the shouts of the prosecutrix and when she went to her room, she saw the accused/appellant pressing her mouth and after seeing her he fled away from the spot. In the FIR it is further stated that when his wife shouted, Tukaram and Bhikhram (PW-3) came there and she narrated the entire incident to them. It is further stated in the FIR that when he enquired from the accused/appellant, he admitted his guilt and informed him that while jumping over the wall he sustained sprain on his left ankle and that he was provided iodex by one Krishna Kumar Sahu. Based on this FIR, offence under Section 456 IPC was registered against the accused/appellant. Case diary statements of Bhikhram, Krishna Kumar Sahu, Tukaram, the prosecutrix and Pawan Kumar Verma were recorded on 27.4.2008 but none of the witnesses including the prosecutrix, her mother and lodger of the FIR namely Pawan Kumar Verma have stated that any incident of rape had taken place on 26.4.2008. After investigation, challan was filed against the accused/appellant on 09.05.2008, under Section 456 IPC. Subsequent to filing of challan a written report Ex. P-5 was made by Pawan Kumar Verma on 16.5.2008 to the Superintendent of Police, Raipur alleging that in the intervening night of 25/26.4.2008 his minor daughter (prosecutrix PW-9) was subjected to rape by the accused/appellant. It is further stated in the said report that the accused/appellant entered his house and after inserting a piece of cloth in the mouth of the prosecutrix committed rape on her. It is further stated that accused/appellant had entered his house with Krishna Kumar who was keeping a watch on his activities. It is stated that as the prosecutrix was threatened by the accused/appellant, she disclosed the incident of rape hesitatingly. It is stated that while making the first report on 26.4.2008 incident of rape was also disclosed to the police but Station House Officer of Police Station Arjuni being under the pressure of local politicians and having accepted the bribe had suppressed the case of rape. It is stated that initially an offence under Section 457 IPC was registered which was later scored and re-written as under Section 456 IPC and thereafter the accused/appellant was released on bail. In the written report it is further stated that after the incident the accused/appellant had threatened him that he would finish his entire family and repeat the offence of rape again. In the written report it was prayed by Pawan Kumar Verma that a serious offence has been converted into the lesser one and therefore the matter be re-enquired and case of rape be also registered against the accused/appellant. From the endorsement made by the Superintendent of Police, Raipur in this written report it appears that the matter was referred to SDO (P) Bhatapara for further enquiry and taking appropriate action in accordance with law. After investigation, supplementary challan was filed by the police on 11.11.2008 against the accused/appellant under Section 376 IPC. From the record, it appears that on 17.5.2008 prosecutrix was medically examined vide Ex. P-1C, case diary statements of the prosecutrix, her mother Hemin Bai (PW-5) and father Pawan Kumar Verma (PW-2) were recorded on 8.7.2008 where it has been alleged by them that on 26.4.2008 the prosecutrix was subjected to rape by the accused/appellant. Charges were framed by the Court below against the accused/appellant under Sections 456, 376 and 506 (Part-II) IPC.

(2.) In support of its case, the prosecution has examined as many as 10 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the allegations made against him and pleaded his innocence and false implication in the case. This apart, one Mohd. Mazid (DW-1) has also been examined by the defence in support of its case.

(3.) After hearing the parties, the Court below convicted and sentenced the accused/appellant as mentioned in paragraph No. 1 of this judgment.