GIRDHARI SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant stands convicted under Ss. 376, 376 and 506(Part-II) IPC and sentenced to undergo RI for 10 years and fine of Rs.25,000.00, RI for 10 years and fine of Rs.25,000.00 and RI for six months respectively with default stipulation, as ordered by the IIIrd Additional Sessions Judge (FTC), Bemetara, District Durg, in Sessions Case No.140/2003.

(2.) Facts of the case is that, on 22/5/2003, the prosecutrix, PW-1, lodged a report at Mahila Police Station, Raipur, vide Ex. P/1 alleging that she was residing at Village Lalpur along with her grandparents and uncle aunt. The appellant is also the resident of same village and belongs to same community as she is and therefore he was frequently visiting to her house. On the occasion of Dashehra festival when her family members had gone to the field, at about 2-3 PM the appellant came to her house and committed forceful sexual intercourse with her. When she was raising an alarm, then the appellant gagged her mouth and threatened her with dire consequences. He again made physical relation with her twice whenever the appellant found her alone. She had not disclosed the incident as she was scared. When she conceived pregnancy and asked the appellant to marry with her, the appellant had performed Jaimala marriage with her on 23/1/2003 and continued in making physical relation. In the last month, the appellant performed second marriage and thrown her out from his house. Thus, the appellant has spoiled her life as she is carrying pregnancy of about seven months.

(3.) The Mahila Police Station Raipur registered unnumbered FIR on 22/5/2003 and forwarded it to the Police Station Nawagarh, District Durg where numbered FIR has been registered against the appellant under Sec. 376 IPC vide Ex.P/1 on 24/5/2003. The prosecutrix was sent for medical examination to Dr. Bheemrao Ambedkar Memorial Hospital, Raipur where Dr. Smt. Neela Kumhare, PW-10, has examined her and gave her MLC report, Ex.P/11. In her MLC report, the Doctor found that the prosecutrix was carrying about seven months pregnancy and advised her for ultrasonography test for confirmation of the same. The slides of vaginal swab have also been prepared by the Doctor. For confirmation of her age, the school admission and discharge register has been seized by the police. Birth certificate based on school admission and discharge register was issued by Headmistress, Namrata Vidya Mandir, Khamtarai, Raipur, vide Ex. P/4 is also seized. Copy of school admission and discharge register is Ex.P/4-C in which the date of birth of the prosecutrix is mentioned as 3/2/1985. The appellant was arrested on 30/5/2003 and he was also sent for medical examination to Community Health Centre, Nawagarh, District Durg where Dr. HL Gupta, PW-8, has examined him and gave his MLC report, Ex. P/5, in which he found that the appellant is capable of having sexual intercourse.