DHARAMJIT Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 12.1.2010 passed by Additional Sessions Judge (FTC) Pratappur, District Sarguja in Sessions Trial No. 249/2007 convicting the accused/appellant for the offence punishable under Sections 450 and 376 IPC and sentencing him to undergo R1 for five years with fine of Rs. 500/- u/s. 450 and RI for seven years with fine of Rs. 500/- u/s. 376 IPC, plus default stipulations. Facts of the case in brief are that on 1.11.2004 FIR Ex. P-1 was lodged by the prosecutrix - a married lady aged about 20 years alleging that on that day at about 8 p.m. when she was sleeping in her house, co-accused Puni came there and made an inquiry about her family members and then he went away. She has further alleged that in the midnight, she felt as if someone was sleeping beside her and on inquiry he disclosed his name as Puni. Thereafter, the prosecutrix pushed him aside but by that time the accused/appellant herein also came there carrying some gupti like weapon with him and threatened her that he would poke it in her stomach and do away with. Accused/appellant is then alleged to have pressed her breast on account of which the blouse worn by her was torn and then after upturning her petticoat he committed forcible sexual intercourse with her. After committing rape on her, the accused/appellant is said to have thrown her down the cot as a result of which she sustained injury on her forehead and became unconscious. About one and a half hour thereafter she regained consciousness she started weeping and on hearing her sobs her grand-mother came there to whom she narrated the entire incident. Based on this report, offence under Sections 450 and 376(2)(g) IPC was registered against both the accused persons and she was medically examined on 2.11.2004 by Dr. Pratibha Rajul Jain (PW-11) who gave her report Ex. P-13. After completion of investigation, charge-sheet was filed on 28.3.2005 under the same Sections showing both the accused persons absconding. Co-accused Puni was arrested after some time, put to trial and then acquitted vide judgment dated 25.2.2008. Present appellant was arrested on 14.5.2009 and then the trial started in his respect also.

(2.) In support of its case the prosecution has examined 12 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charge leveled against him and pleaded his innocence and false implication in the case.

(3.) After hearing the parties, the Court below has convicted and sentenced the accused/appellant as mentioned in paragraph No. 1 of the judgment.