RAJU @ RAJKUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed by the appellant-accused under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 24/7/2002, passed by 3rd Additional Sessions Judge, Raipur, in Sessions Trial No.2/2002, whereby the appellant-accused has been convicted for offence punishable under Sec. 376(1) of IPC and sentenced to R.I. for 7 years with fine of Rs.5,000.00 and, in default of payment of fine, to further undergo additional rigorous imprisonment for six months.

(2.) Briefly facts of the case is that the 12 year old minor (PW-8) lived with her parents and siblings in village Silyari, district Raipur. In the same neighborhood, the appellant Raju alias Rajkumar also lived with his family and a medicine shop is situated in front of his house. On the date of incident i.e. 12/10/2001 in the evening, when the prosecutrix went to the shop of the appellant to buy refills, then the appellant by wheedling the prosecutrix and he took her to the house and had sexual intercourse with her. On the next day i.e. 13/10/2001, the appellant again took inside his house and had sexual intercourse with her. The victim/prosecutrix did not tell the incident to anyone out of fear. When she was feeling ill on 19/10/2001, then she narrated the incident to her mother Pramila Soni (PW-1). Thereafter, on 20/10/2001, the prosecutrix along with her father lodged a report at Chowki-Silayari, police station-Dharsiwa, on which FIR vide Ex.P-7 was registered and after taking the consent of the prosecutrix, her medical examination was done. The inner garments of both the parties were seized and examined by a doctor. Nazri naksha(spot map) Ex.P-5 was prepared. During the investigation of the prosecution, a slide of the vagina of prosecutrix was sent for chemical testing, but no chemical test report has been exhibited on record.

(3.) The prosecution in order to prove its case examined as many as 11 witnesses and exhibited 15 documents. No witness has been examined in defense by the appellant. After hearing both the parties, the trial court passed the decision of conviction and sentence in question after considering the statement of the prosecutrix and other evidence.