NANSAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arise out of judgment of conviction and order of sentence dtd. 14/9/2002 passed by the Special Judge (Atrocities) Ambikapur, District Surguja, in Sessions Trial No.329/1999 convicting the accused-appellant under Sec. 376 IPC and sentencing him to undergo Rigorous Imprisonment for seven years and fine amount of Rs.5000.00. In default of payment of fine amount, further additional RI for six months.

(2.) In the present case, there were two accused persons namely Sukhsai and Nainsai. Charge sheet was filed against both the accused persons under Sec. 376(2)(g)/34 IPC. The trial Court framed charges under Sec. 376(2)(g) against both the accused persons. After completion of trial, the present appellant-Nainsai has been acquitted by the trial Court from the charges under Sec. 376(2)(g) IPC, but has convicted under Sec. 376 IPC and sentenced to RI for 7 years with fine of Rs.5000.00, in default of payment of fine, additional RI for six months, whereas, the other co-accused Sukhsai has been acquitted from the charge of Sec. 376(2)(g) IPC, but convicted for the offence under Sec. 341 IPC and sentenced for the period already undergone i.e. from the period 16/8/1999 to 6/9/1999 with fine of Rs.250.00, in default of payment of fine, further additional RI for five days. The present is an appeal filed by the appellant Nainsai only. Therefore, this appeal confines only with respect to the accused-Nainsai.

(3.) Case of the prosecution in brief is that on 9/6/1999, the prosecutrix, PW-1, has gave a written complaint (Ex. P-1) to the Superintendent of Police, Surguja, Place Ambikapur, alleging in it that she was married with Jaggu Gond who is the resident of village Urumdugga. In the month of Kartik, she came to her parents house at Japan Para, Shankarpur. When she went to jungle for collecting the firewood alongwith Deopati Bargah and Lalita and while returning from jungle after collecting the firewood, at about 1.30-2 P.M. the accused Nainsai Gond and son of Newardandiha Gond came there; ask for tobacco paste and pulled down the firewood bundle carried by her and dragged her inside the jungle where Nainsai has committed rape upon her and son of Newardandiha went away. When she protested and requested them not to do the bad work with her then he threatened her with dire consequences. She scared and did not disclose the incident to any one. By the said incident of rape, she conceived pregnancy and subsequently disclosed the fact of her pregnancy to Santosh Bai D/o Panik Ram, Patel Roop Sai Gawatia and Ram Sai. Her father has called Panchayat Meeting but the accused refused to accept his guilt. Since she was under great agony and feel ashamed, she could not lodge report and now she is making her report and action be taken against the accused persons.