MANOJ KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment of conviction and order of sentence dtd. 29/3/2003 passed by Third Additional Sessions Judge (FTC), Janjgir, (C.G.) in Sessions Trial No.25 of 2003 whereby, the learned Third Additional Sessions Judge convicted the appellant and sentenced him as under :- <FRM>JUDGEMENT_42_LAWS(CHH)9_2023_1.html</FRM>

(2.) The prosecution story, in brief, is that, prosecutrix was residing with her mother Phatkanbai (PW-5) at village Pendri and her father was doing the work of watchman in Amritsar (Punjab). On 16/11/2002, at about 3.00 P.M., she went to field for cutting paddy and at about 07.00 P.M., she was returning from elder mother's house to her house, at that relevant time, appellant was standing on the door of his house and when prosecutrix came there, he caught hold of her, closed her mouth, forcefully taken her to his house and committed forceful sexual intercourse with her. On the same night, appellant had not left the prosecutrix and further committed sexual intercourse with her twice. On 17/11/2002, at about 4.00 AM, she came to her house, at that time, her mother was not present in the house and when she came to home at about 5.00 AM, she narrated the incident to her mother. On the same day i.e. 17/11/2002, at about 10.00 PM, Panchayat was convened, in which, prosecutrix and her mother were present and they narrated the incident to members of the Panchayat. On the very next day, i.e. 18/11/2002, First Information Report was lodged against the appellant. Police seized the clothes and undergarments of prosecutrix. Thereafter, prosecutrix was sent for medical examination and appellant was also sent for medical examination. 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 9 witnesses and exhibited 13 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.