(1.) The present appeal arises out of the impugned judgment of conviction and order of sentence dtd. 4/7/2003 passed by Fifth Additional Sessions Judge, Raipur, (C.G.) in Sessions Trial No.256 of 2002 whereby, the learned Fifth Additional Sessions Judge convicted the appellant and sentenced him as under :- <FRM>JUDGEMENT_56_LAWS(CHH)8_2023_1.html</FRM>
(2.) The prosecution story, in brief, is that, on 4/5/2002, Smt. Meena Panda, who is mother of prosecutrix, lodged a report at Mahila Thana, Raipur stating therein that she was living with her husband and children at Changorabhata Raipur. Her daughter prosecutrix (PW-1) was aged about 13 years and studied upto Class-IV. Prosecutrix was working on a daily wage of Rs.25.00 under appellant (scrap shopkeeper) for about one month. One of her neighbour, namely, Meerabai told her that appellant was of a bad character and advised not to send the prosecutrix, thereafter, she refused to go for work. In the night, father of the prosecutrix came under intoxicating condition and told to her wife that why prosecutrix did not go for work, then she told that Meerabai informed that appellant Raju was committed bad act with prosecutrix. Upon asking, prosecutrix stated that appellant has committed sexual intercourse with her on three occasions. The appellant also told her that if she will disclose the incident to anybody, he will strangulate her, hence, she did not tell the incident to anybody. On the basis of report of mother of prosecutrix (PW-4), In-charge of Mahila Thana, Raipur lodged a First Information Report bearing Crime No.23 of 2002 for the offence punishable under Ss. 376 and 506 of the Indian Penal Code, 1860 (for short 'IPC"). The prosecutrix was sent for medical examination. The school register was seized to determine the age of prosecutrix. Spot map was prepared. Statements of witnesses were recorded and thereafter, appellant was arrested. The appellant was also sent for medical examination. After completion of investigation, charge-sheet was filed.
(3.) So as to hold the accused/appellant guilty, the prosecution has examined as many as 11 witnesses and exhibited 10 documents. 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.