MAHENDRA MUNDA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant against impugned judgment dtd. 31/03/2014 passed by learned Upper Sessions Judge FTC, Korba in Sessions Trial No. 42/2013 whereby he has been convicted for offence punishable under Sec. 376(2)(i) of IPC (omitted w.e.f. 21/04/2018) and has been sentenced to undergo R.I. for 15 years with fine of Rs.3000.00 and in default of payment of fine, additional R.I. for 1 year.

(2.) Case of the prosecution, in a nutshell, is that on 15/04/2013 at about 08:30 PM at Lalghat, Balconagar, the appellant herein committed sexual intercourse with the victim, aged about 6 years and thereby, committed the aforesaid offence.

(3.) Further case of the prosecution is that on 16/04/2013, Smt. Sumarin (PW-3) reported the matter at Police Station Balconagar Korba that on 15/04/2013 at about 08:30 PM, while she was going to the house of Beer Singh, she saw that appellant's wife Neelima was standing outside her house and was peeking inside and she asked to look at the act being done by the appellant. When she peeked inside, she saw that appellant was committing sexual intercourse with the minor victim, aged about 6 years and she was crying. She went inside his house along with Geeta Bai (PW-1) and took the victim to her house since victim's mother had already died and her father was in jail. On the said report, first information report (Ex. P/5) was lodged against the appellant and the matter was taken into investigation. Victim was subjected to medical examination which was conducted by Dr. Smt. K.B. Sonkar (PW-2) and her MLC report (Ex. P/3) was found positive. She was also subjected to Radiologist's examination for age determination and as per the report (Ex. P/11), her age was determined to be less than 8 years. After due investigation, the appellant was charge-sheeted for offence punishable under Sec. 376 of IPC which was committed to the Court of Sessions for trial in accordance with law. The appellant abjured his guilt and entered into defence.