VINOD ALIAS PAPPU Vs. STATE OF CHHATTISGHARH

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 31 -8 -2004 passed by 3rd Additional Sessions Judge, Bastar at Jagdalpur in Sessions Trial No.64/2004. By the impugned judgment, accused/appellant Vinod alias Pappu has been convicted and sentenced in the following manner with a direction to run the sentences concurrently: <IMG>JUDGEMENT_404_CGLJ2_2013.jpg</IMG> <IMG>JUDGEMENT_404_CGLJ2_2013.jpg</IMG>

(2.) CASE of the prosecution, in brief, is as under: On 14 -1 -2004, the husband of prosecutrix (PW -1) Lutharu (PW -3) had gone to Village Baghanpal. At about 9 P.M., prosecutrix (PW -1) and her mother - in -law Sanmati (PW -2) were in their house. At that time, the appellant entered the house of prosecutrix (PW -1) and asked her for water. Prosecutrix (PW -1) gave him water. Thereafter, the appellant caught hand of prosecutrix (PW -1), dragged her inside the room and caused her to fall down. Prosecutrix (PW - 1) sustained injury on her forehead. Prosecutrix (PW -1) shouted for help. The appellant pressed her neck. Therefore, prosecutrix (PW -1) could not raise alarm and the appellant committed sexual intercourse with her. Having heard her noise, Sanmati (PW -2) came there. The appellant fled from there. Sanmati (PW -2) caught collar of the appellant while he was fleeing. The appellant extricated his collar, pushed away Sanmati(PW -2), caused her to fall down and fled from there. On 16 -1 -2004, Lutharu(PW -3) returned home from Village Baghanpal. Prosecutrix (PW -1) narrated him the incident. Prosecutrix (PW -1) also narrated the incident to villagers Sukhdeo (PW -6) and Butharu (PW -4). Thereafter, prosecutrix (PW -1) lodged First Information Report (Ex.P -9) in Police Station Lohandiguda. Prosecutrix (PW -1) was sent to Maharani Hospital, Jagdalpur for medical examination vide Ex.P -12. Dr. Smt. Shanti Pandey(PW -8) examined prosecutrix (PW -1) and gave her report (Ex.P -16). She also prepared two slides of vaginal swab of prosecutrix(PW -1). The appellant was also sent to Community Health Centre, Lohandiguda for medical examination. Dr. R.K.Nag (PW -5) examined the appellant and gave his report (Ex.P -6), in which, he found that the appellant was capable of committing sexual intercourse. In further investigation, slides, petticoat and clothes of prosecutrix (PW -1) were seized vide Ex.P -4. Underwear of the appellant was seized vide Ex.P -5. Site -Map (Ex.P -10) was prepared. The appellant was arrested vide Ex.P -13. After completion of the investigation, charge -sheet was filed against the appellant in the Court of Judicial Magistrate First Class, Jagdalpur, who, in turn,committed the case to the Court of Session, Bastar at Jagdalpur, from where it was received on transfer by 3rd Additional Sessions Judge, Bastar at Jagdalpur, who conducted the trial and convicted and sentenced the appellant as mentioned above.

(3.) ON the other hand, Smt. Madhunisha Singh, 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.