SUMANT SARATHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) PRONOUNCED by Hon'ble Justice Shri Pritinker Diwaker: This appeal is directed against judgment dated 24-01-2004 passed by 8th Additional Sessions Judge, (FTC), Raipur in Sessions Trial No. 338/2003. By the impugned judgment, accused / appellant Sumant Sarathi 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:- Prosecutrix (PW-1) (in purview of Section 228 A IPC, name of the prosecutrix is not being mentioned) is daughter of Mohanlal Dewangan (PW-5). She was below 16 years of age on the date of incident. Mohanlal Dewangan (PW-5) is her natural guardian. They were residing at Village Raipura, Police Station Purani Basti, Raipur. On 23-05-2003, at about 9.30 pm., prosecutrix (PW-1) had gone for urination. When she did not return home, her father Mohanlal Dewangan (PW-5) made search for her but she was not found. Mohanlal Dewangan (PW-5) lodged First Information Report (Ex. P-5) in Police Station Purani Basti, Raipur. The appellant took prosecutrix (PW-1) to Kharora Railway Station thereafter he took her to Raigarh and then they went to Donarpur, Kolkata. The appellant committed sexual intercourse with prosecutrix (PW-1). During investigation, when it was came to know that the appellant and prosecutrix (PW-1) were present in Donarpur, Kolkata in the house of one Rahim, the police and father of the prosecutrix Mohanlal Dewangan (PW-5) left for Donarpur, Kolkata where prosecutrix (PW-1) and the appellant were present. Recovery Panchnama (Ex. P-6) was prepared at the spot and they were taken to Police Station Purani Basti, Raipur. Prosecutrix (PW-1) was sent to District Hospital, Raipur for medical examination vide Ex. P-4. Dr. Neeta Bhatnagar (PW-6) examined the prosecutrix (PW-1) and gave her report (Ex. P-8), in which, she did not find any injury on the body of the prosecutrix (PW-1). Her hymen was old torn. No injury or swelling or redness or blood was seen in the vagina. 2 slides of vaginal swab were prepared which were seized vide Ex. P-2 and sent to FSL, Raipur for chemical examination. The appellant was also sent for medical examination. After completion of the investigation, charge sheet was filed against the appellant in the Court of Judicial Magistrate, First Class, Raipur who, in turn, committed the case to the Court of Session, Raipur, from where it was received on transfer by 8th Additional Sessions Judge (FTC), Raipur, who conducted the trial and convicted and sentenced the appellant as mentioned above.

(3.) ON the contrary, Shri R. R. Sinha, learned Panel Lawyer for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded to the appellant do not warrant any interference by this Court.