SURESH KOUSHIK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment of conviction and order of sentence dtd. 31/1/2003 passed by the Additional Sessions Judge (FTC), Kawardha (C.G.) in Sessions Trial No.163 of 2001 whereby, the learned Additional Sessions Judge convicted the appellant and sentenced him as under :- <FRM>JUDGEMENT_55_LAWS(CHH)8_2023_1.html</FRM>

(2.) The prosecution story, in brief, is that, prosecutrix (PW-5) was aged about 15 years and resident of village Singhanpuri. Prior to 15-16 days of 28/10/2001, prosecutrix and her younger brother, namely, Netram was present in their house. At about 11.00 AM, prosecutrix was making food, at that relevant time, appellant came to their house and talked with Netram. About half an hour appellant talked with Netram, thereafter, Netram went to his room for sleep. Appellant locked his door from outside and came to the kitchen where he pushed the prosecutrix and committed sexual intercourse with her, on account of which, prosecutrix got unconscious. Upon shouting of Netram, his grandmother (who died during the pendency of case before the trial Court) came and unlocked the door of room of Netram. Thereafter, appellant ran away from the spot. Mother and father of prosecutrix went to Gujarat for livelihood, they came to the village before five days of lodging of report to Police. Prosecutrix narrated the incident to Kotwar Babulal (PW-3), Sarpanch Balvant and her uncle Shatrughan (PW-9). On 28/10/2001, at about 12.00 noon, prosecutrix lodged a report against the appellant bearing Crime No.79 of 2001 vide Ex.P/6. Spot map was prepared vide Ex.P/4. Prosecutrix was sent for medical examination and report in this regard has been prepared as 'positive'. Birth certificate of prosecutrix was also seized. Statements of witnesses were recorded and after completion of investigation, charge-sheet was filed against the appellant.

(3.) So as to hold the accused/appellant guilty, the prosecution has examined as many as 10 witnesses and exhibited 6 documents, whereas in order to prove the defence, appellant has examined only one defence witness. The statement of the accused/appellant was also recorded under Sec. 313 of the Cr.P.C., in which, he denied the circumstances appearing against him and pleaded innocence and false implication in the case.