JITENDRA KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellants under Sec. 374 (2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 22/10/2002 passed by First Additional Sessions Judge, Balodabazar, in Sessions Trial No. 255/2002 whereby the appellant stands convicted and sentenced as mentioned below:- <FRM>JUDGEMENT_54_LAWS(CHH)2_2023_1.html</FRM>

(2.) Case of the prosecution, in brief, is that the prosecutrix was residing with her parents at village Ghoghara and she had gone to village Chhapora, where her father was working in the stone mines. They were residing in the house of her grand maternal father namely Sonu Ram. It is alleged that prior to 4 months of lodging of FIR, the parents of the prosecutrix had gone to village Chhapora for earning their livelihood. On the same month, the prosecutrix had gone to the field of her grand maternal for plucking the vegetables then the appellant came there and threatened her to kill with knife, and also gagged her mouth and committed forcefully sexual intercourse with her. Since there was threat to kill she has not informed the incident to anyone and when she returned to village Chhapora with her father then she informed the incident to her mother, who in turn informed to her husband. The father of the prosecutrix due to fear of insult did not disclose the incident to anyone. When her pregnancy was developed then her father informed to her maternal grand father and a meeting was convened in which appellant's father advised them to accept Rs.20,000.00 and do the abortion. On the basis of report, FIR (Ex.P-1) was registered at police Station Bilaigarh and Crime No. 112 of 2002 was registered and after taking usual permission of the prosecutrix for medical examination, she was medically examined and X-ray was taken for ascertain her age.

(3.) The prosecution investigated the matter and collected the material, thereafter the appellant was arrested. After completion of investigation, charge sheet was filed before the trial Court for commission of offence under Sec. 376(1) and 506 (B) IPC.