MANBODH Vs. STATE OIF C.G.

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 4-8 -2004 passed by Sessions Judge, Surguja (Ambikapur), in Sessions Trial No. 153/2004. By the impugned judgment, accused/appellant Manbodh has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs.500/ -, in default of payment of fine, to further undergo simple imprisonment for 3 months.

(2.) CASE of the prosecution, in brief, is as under: Prosecutrix (PW -4) was, on the date of incident, a 28 years' old married woman. On 5 -3 -2004, she had gone to forest to collect wood (bushes) along with her friend Ratiyano (PW -2). At about 3:00 PM, when she was collecting the wood, the appellant came there, caught the prosecutrix (PW -4), gagged her mouth by his Gamchha, dragged her into a pit, threw her on the ground and committed sexual intercourse with her against her will. The appellant threatened the prosecutrix (PW -4) of life. After committing sexual intercourse, the appellant fled from there. Her husband Mangala (PW -5) had gone to Village Udaypur for earning livelihood. After returning her husband, she narrated the incident to him and lodged First Information Report (Ex.P -2) in Police Outpost Udaypur. Regular First Information Repot (Ex.P -1) was recorded in Police Station Lakhanpur. Prosecutrix (PW -4) was sent to Community Health Centre, Lakhanpur for medical examination vide Ex.P -6A. Dr. Rojnin R. Ekka (PW - 6) examined the prosecutrix (PW -4) and gave her report (Ex.P -6). Two slides of vaginal swab of prosecutrix (PW -4) were prepared. Petticoat of the prosecutrix (PW -4) was seized vide Ex.P -5. Slides of vaginal swab were seized vide Ex.P -11. Site map (Ex.P -3) was prepared by the Investigating Officer and another site map (Ex.P -4) was prepared by Patwari. The appellant was also sent to Community Health Centre, Udaypur for medical examination. Dr. I.D.Bhatnagar (PW -9) examined the appellant and gave his report vide Ex.P - 10A, in which, he found that the appellant could perform the act of sexual intercourse. After completion of the investigation, charge -sheet was filed against the appellant in the Court of Chief Judicial Magistrate, Surguja, Ambikapur, who, in turn, committed the case to the Court of Session, Surguja (Ambikapur), who, conducted the trial and convicted and sentenced the appellant as mentioned above.

(3.) ON the other hand, Shri Sushil Dubey, learned Government Advocate for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded by the learned Sessions Judge do not warrant any interference by this Court.