NARSINGRAM Vs. STATE OF C G

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 10 -06 -2004 passed by Additional Sessions Judge, Dhamtari in Sessions Trial No.298/2003. By the impugned judgment, accused/appellant Narsingram has been convicted and sentenced in the following manner with a direction to run the sentences concurrently: -

(2.) CASE of the prosecution, in brief, is as under: On 1 -7 -2003, at about 1:00 pm, prosecutrix (PW -1) (in purview of Section 22 8A IPC, name of the prosecutrix is not being mentioned) was alone in her house. Appellant Narsingram entered the house of prosecutrix (PW -1) and showing a knife, threatened her of life. On the point of knife, the appellant committed sexual intercourse with the prosecutrix (PW -1) and threatened her if she will disclose the incident to anyone, he will kill her. The prosecutrix (PW -1) narrated the incident to her husband Prabhuram (PW -2). Prabhuram (PW -2) went to the house of the appellant, asked about the incident and warned him not to come his house again. Thereafter, Prabhuram (PW -2) went to Raipur. The appellant, on Saturday, at about 1:00 a.m., again entered the house of the prosecutrix (PW -1) and committed sexual intercourse with her. The appellant threatened her if she will disclose the incident to her husband, he will kill her. The prosecutrix (PW -1) lodged written complaint (Ex.P -5) against the appellant in Police Chowki Bhakhara, on the basis of which, First Information Report (Ex.P -6) was recorded in Police Chowki Bhakhara. During investigation, spot map (Ex.P -1) was prepared by Assistant Sub -Inspector N.P.Chandrakar (PW -4). Another spot map (Ex.P -17) was prepared by Patwari Kejuram Dhruw (PW -5). Petticoat of prosecutrix (PW -1) was seized vide Ex.P -2. The appellant was arrested vide Ex.P -15 and at his instance, a knife was seized vide Ex.P -3. Underwear of the appellant was also seized vide Ex.P -4. Prosecutrix (PW -1) was sent to Primary Health Centre, Gujara, District Dhamtari for medical examination vide Ex.P -10. Dr. Vandana Vyas (PW -9) examined prosecutrix (PW -1) and gave her report (Ex.P -1 OA). The appellant was also sent to Primary Health Center, Gujara, District Dhamtari for medical examination Ex.P -10. Dr. Vandana Vyas (PW -9) examined prosecutrix (PW -1) and gave her report (Ex. P -10A). The appellant was also sent to Primary Health Center, Gujara, District Dhamtari for medical examination vide Ex.P -

(3.) TO hold the appellant guilty, the prosecution examined prosecutrix (PW -1), Prabhuram (PW -2 - husband of the prosecutrix), Rohit Kumar Sahu (PW -3), ASI N.P.Chandrakar (PW -4), Patwari Kejuram Dhruw (PW -5), Narayan Giri (PW -6), Dr. H.C.Godheja (PW -7), Kewarabai (PW -8) and Dr.Vandana Vyas (PW -9). The appellant did not examine any witness in his defence.