HEMANT KUMAR CHAURASIA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Assailing the legality, correctness, judicial propriety of the impugned judgment of conviction and award of sentence dtd. 3/6/2014 passed in Special Sessions Trial No. 03/2013 by the Special Judge (Scheduled Caste and Scheduled Tribe {Prevention of Atrocities} Act), Dhamtari (C.G.) {for short trial court}, whereby the appellant has been convicted and sentenced in the following manner:- <IMG>JUDGEMENT_137_LAWS(CHH)11_2022_1.jpg</IMG>

(2.) The prosecution story in brief is that on 13/12/2012 prosecutrix has gone to village Baroli with her friends to witness a sports event. After the event is over, she stayed at night in the house of her friend Jyoti Korram. After having meal and watching TV she went to sleep alone. Her other friends went to witness cultural event in the night. Parents of her friend Jyoti were sleeping in the other room. At about 11 to 11:30 in the night, appellant came drunk and entered into the room held her hands and committed forcible intercourse. On shouting he gagged her mouth. Because of fear and shame she did not disclose the incident to anyone. On 12/1/2013 she disclosed the incident to her mother (PW-2) who in turn informed her father (PW-3). Upon which a social meeting was convened. On being advised to make report in the meeting, she lodged the report in the Borai Police Station on 13/1/2013. Upon which First Information Report (Ex.P-1) was lodged against the appellant. During the course of investigation, after obtaining the consent (Ex.P-2) from her, memo for medical examination was prepared and she was medically examined in the Government Hospital, Nagari vide Ex-P/18 and report was obtained. The undergarments (Ex.P-3) of prosecutrix was seized. They were medically examined. Spot map (Ex.P-6) was prepared. Caste certifcate (Ex.P-4) of the prosecutrix was seized. Appellant was arrested and information of his arrest was given to his relatives. The admission (Dakhil Kharij) register (Ex-P/11C) of prosecutrix was seized. DVD cassette containing the statement of prosecutrix and Jyoti Korram was seized from Sohanlal Patel, Ajanta Photo Studio, Nagari in presence of witnesses. Call details of the mobile of appellant was received. Statement of witnesses were recorded.

(3.) After due investigation charge sheet under Sec. 376, 506 of IPC and Sec. 3 (2) (5) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short Special Act) was fled before the Competent Court. The appellant was charged for ofence punishable under Ss. 450, 376, 506 -B of IPC and 3 (2) (5) of Special Act, he abjured the guilt and claim to tried. Prosecution examined as many as 17 witnesses and exhibited 30 documents. The statement of appellant under Sec. 313 of Code of Criminal Procedure, 1973 was recorded. The learned trial Court after due appreciation of the evidence and material placed before it, convicted and sentenced the appellant as stated above and acquitted him for ofences under Sec. 506-B of IPC and 3 (2) (5) of Special Act, vide impugned judgment dtd. 3/6/2014 which is challenged before this Court by the appellant.