KUNT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this criminal revision under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."), applicant has challenged the legality and propriety of the judgment dtd. 8/8/2016 passed by 2nd Additional Sessions Judge, Raigarh, District Raigarh, Chhattisgarh (hereinafter referred to as "First Appellate Court") in Criminal Appeal No.20200000053 of 2016 partly allowed the judgment dtd. 1/4/2016 passed by the Judicial Magistrate First Class, Raigarh, District Raigarh, Chhattisgarh (hereinafter referred to as "Trial Court") in Criminal Case No.68 of 2015 whereby First Appellate Court while maintaining the conviction of applicant/ accused for the offence punishable under Sec. 354 of the Indian Penal Code (hereinafter referred to as "IPC"), reduced the sentence from rigorous imprisonment for two years to rigorous imprisonment of 18 months and fine amount has been increased from Rs.3,000.00 to Rs.5,000.00, in default of payment of fine amount, applicant/accused would further undergo rigorous imprisonment for two months.

(2.) Undisputed facts of the case, are that, both the parties are residents of village Kusmunda. Prosecutrix (PW-1) is a married woman. Ashok Gupta (PW-2) is husband of prosecutrix (PW-1). Other witnesses, namely, Rohit Patel (PW-3) and Sukhdev Gupta (PW-4) are residents of same village. Sukhdev Gupta (PW-4) is maternal uncle of Ashok Gupta (PW-2).

(3.) The case of the prosecution, in brief, is that on 29/9/2014, prosecutrix (PW-1) had gone to Baigadeepa side of village for Disha Maidan with water in a bucket. At about 4.30 PM in the evening, when she was coming back towards home, applicant/accused who was cutting grass, left the sickle in the ridge and with an intention to insult the prosecutrix (PW-1), caught hold of her right hand wrist, by which, her bangles got broken. He snatched the bucket and threw it in the field. He dragged her 40-50 feet away to Dharmendra Patel's field and threw her forcefully. The prosecutrix, who was 6 months pregnant, kept refusing, but accused did not listen. He was stripped naked by forcefully pulling off all her clothes. When she shouted, he threatened her to kill. He tried to commit sexual intercourse with her and climbed on top of her. Prosecutrix making excuses for defence, lied to her husband and children by swearing that she would come to same place at 11.00 AM on the next day. Then, accused tore her blouse and started pressing her breasts. Thereafter, prosecutrix pushed him away to save her life, ran with saree in her hand, came home and narrated the incident to her husband. Due to which, she suffered injuries on her hands, legs, waist and nose. She went with her husband and narrated the incident to Rohit Patel (PW-3) and Sukhdev Gupta (PW-4). Due to ill-health, she went to the hospital for treatment. After recovery, she came back to village and lodged a report at Police Station Pusaur on 6/10/2014. After registering the case vide Ex.P/1, the investigating agency arrived at the spot and prepared spot map vide Ex.P/2; seized broken pieces of bangles and one slipper of prosecutrix from the spot vide Ex.P/3; further seized red bangle worn on her wrist, button broken and torn blouse, an old used saffron colored shadow, photocopy of Mother and Child Protection Card and her second slipper from the prosecutrix vide Ex.P/4. Thereafter, medical examination of prosecutrix was conducted. Statements of witnesses were taken and accused was arrested. After completion of investigation, charge-sheet was filed.