SHRIRAM TIRKEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present Appeal is directed against the impugned judgment dtd. 27/9/2007 passed by the 5th Additional Sessions Judge, Durg, in ST No.84/2007, whereby the appellant has been convicted for commission of offence under Ss. 342 and 376/511 of the IPC and sentenced to undergo RI for one year and to undergo RI for 5 years and to pay a fine of Rs.1,000.00, in default of payment of fine to further undergo RI for 6 months respectively.

(2.) Case of the prosecution is that on 20/1/2007, Ramayan programme was going on in front of the house of the prosecutrix. The prosecutrix and the appellant were watching the said programme. Spotting the prosecutrix alone, the appellant took her to his home and confined her at his home, and thereafter committed sexual intercourse with her. When the complainant did not find the prosecutrix in front of her home, she made enquiries from the persons watching the Ramayan programme. One person informed her that the appellant has taken the prosecutrix to his home. Then the complainant, Parvati Sahu, Ranu Tiwari and Shahida Begum went to the house of the appellant. The door of the house was closed from inside. They called the prosecutrix from outside, but no response was given. When they saw through the window of the house, they found that the prosecutrix was lying on bed without clothes and the appellant was committing rape with her. On raising hue and cry, the appellant opened the door. The complainant got her dressed and took her out of the house of the appellant. Some persons brought the appellant to the place where Ramayan programme was going on. When the complainant asked the prosecutrix, she replied that the appellant has committed sexual intercourse with her.

(3.) FIR (Ex.-P/3) was lodged by the complainant at Police Station Durg, on the basis of which Crime No.55/2007 for offence under Ss. 376 and 342 of the IPC was registered against the appellant. The prosecutrix was medically examined. During investigation, underwear of the prosecutrix and the appellant were seized. Spot map was also prepared and statements of witnesses were recorded. Charge sheet was filed against the appellant before the Chief Judicial Magistrate, Durg on 2/2/2007. Learned Judicial Magistrate 1st Class committed the matter to the Sessions Court, Durg. Learned Sessions Court registered the Sessions Case No.84/2007. When the charges under Ss. 342 and 376 of the IPC was read over to the appellant, he denied the same and stated that he is innocent and the appellant did not produce any defence witness.