GAJENDRA SINGH THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 24-5-2007 passed by Sessions Judge, Kanker (North Bastar), in Sessions Trial No. 21/2006 holding the accused/appellant guilty under Section 376 IPC and sentencing him to undergo rigorous imprisonment for ten years and pay fine of Rs. 10,000/-, in default of payment of fine to further undergo RI for six months.

(2.) Case of the prosecution in short is that on 8-6-2006 at about 12.40 p.m. FIR Ex. P-1 was lodged by the prosecutrix (PW-1) - a minor girl aged about 13 years at the relevant time alleging that as on that day she was having headache, had gone to Primary Health Centre. Narharpur where the accused /appellant was posted as doctor, along with her younger sister Urvashi (PW-2) for treatment. After examining the prosecutrix and her sister, the accused/appellant asked them to come to his house. At about 11 a.m. when she and her sister went to his house, accused/appellant made her sister Urvashi sit in the other room and took the prosecutrix to his bed room, lie her on the bed and then examined her eyes with torch. Thereafter, by upturning her clothes, he pressed and sucked her breasts, removed her skirt, moved his hand over her private part, sucked it with mouth, set her legs apart and inserted his private part into that of her. When her younger sister came there, the accused/appellant scolded and drove her back. Thereafter, the prosecutrix felt giddiness and then her sister sprinkled water on her and brought her home where she narrated the incident to her parents and then the matter was reported to the police. Based on this report, offence under Section 376(B) IPC was registered against the accused /appellant and after investigation challan was filed by the police on 25-6-2006 for the offences under Sections 376(B), 354 and 511 IPC.

(3.) So as to hold the accused /appellant guilty, prosecution has examined 10 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case. This apart, one Prabha Mandavi (DW-1) has been examined by the defence in support of its case. However, the Court below framed the charge under Section 376 IPC against the accused/appellant.