P.GANPAT RAO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment of conviction and order of sentence dtd. 31/3/2003 passed by the First Additional Sessions Judge, Durg, Chhattisgarh in Sessions Case No.272/2002 whereby, the learned Additional Sessions Judge convicted the appellant and sentenced him as under :- <FRM>JUDGEMENT_61_LAWS(CHH)8_2023_1.html</FRM>

(2.) The prosecution story, in brief, is that the deceased Namita were residing with her husband-Sudarshan Nahak (PW-1) in Khursipara, Bhilai (C.G.). The appellant/accused-P.Ganpat occasionally visited the house of deceased for repairing the television. One day when the daughter of deceased was inside the kitchen and deceased Namita was in the bedroom, then at that time, appellant P.Ganpat committed rape with the deceased. This incident has been told by the deceased to her husband that the appellant caught hold her hand and tried to outrage her modesty. Thereafter, her husband-Sudarshan Nahak (P.W-1) went to the house of appellant and threatened him, but the appellant said in publicly that he had affair with the deceased Namita. As a result of this, the deceased Namita hanging herself by way of rope and committed suicide. Thereafter her husband Sudarshan Nahak (P.W-1) lodged the First Information Report at Police Station Chhavni, Dist: Durg (C.G.). On receiving the said information, T.R. Kanwar P.W-8 (ASI) reached the spot and lodged merg intimation vide Ex.-P-1 and the dead body of the deceased was sent for postmortem. A letter written by deceased to her mother was seized as Ex.P-6 and another letter written by deceased was seized by the police as Ex.P-7 and hindi translation of that letter as Ex.P-12 was done by Krishna Panda @ Ramkrishna Panda PW-6. After due investigation, the accused person was arrested for the offence committed under Sec. 306 of the Indian Penal Code.

(3.) So as to hold the accused/appellant guilty, the prosecution has examined as many as 10 witnesses. 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.