DINESHWAR PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dtd. 31/1/2002 passed by the learned 1st Additional Sessions Judge, Durg in ST No.118/2001, whereby the appellant has been convicted under Sec. 376 of IPC and sentenced to undergo RI for 10 years with fine of Rs.500.00 and in default of fine amount, 3 month's additional RI.

(2.) Brief facts of the case are that the prosecutrix was residing with her parents, brother and sister in Village Saloni. On 9/2/2001, her parents had gone to Bhilai, whereas her younger brother had gone in the vicinity (basti) and her sister had gone to school. The prosecutrix was guarding the house. At about 1:30 to 2 pm when she was applying oil on her body, the accused Dineshwar entered into her room, closed the doors from inside, removed her clothes and committed sexual intercourse with her. At that time, nobody was in the house, therefore, the prosecutrix did not tell about the incident to anybody. Her parents returned to home on 13/2/2002, then she narrated the whole incident to her parents and thereafter the report was lodged against the appellant vide Ex-P/1. The prosecutrix was sent for medical examination. The Medical Officer examined her and gave her report vide Ex-P/7. The accused/appellant was also examined by the Medical Officer and as per Ex-P/14, he was found capable for sexual intercourse and spot map was also prepared vide Ex-P/3. After completion of charge sheet, charges were framed against the appellant under Ss. 376 and 450 of IPC.

(3.) In order to prove the guilt of the accused/appellant, the prosecution examined as many as 7 witnesses. Statement of the accused/appellant was also recorded under Sec. 313 of CrPC, in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication. The accused/appellant did not examine any witness in his defence.