BALESHWAR DHADA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both the above criminal appeals have arisen out of one and same judgment dtd. 30/3/2016 passed by the Additional Sessions Judge (Fast Track Court), Raigarh in Special Case No.23/2014 and since common question of fact and law is involved in both the appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.

(2.) Sole appellant in Cr.A.No.509/2016 namely, Baleshwar Dhada @ Bali (A-1) and sole appellant in Cr.A.No.504/2016 namely, Surendra Kumar Chouhan @ Dadu have preferred these two appeals under Sec. 374(2) of the CrPC against the impugned judgment, whereby Baleshwar Dhada @ Bali (A-1) (sole appellant in Cr.A. No.509/2016) has been convicted and sentenced as under with a direction that the sentences shall run concurrently: - Conviction Sentence Sec. 376D IPC Imprisonment for life & fine of Rs.1,000.00, in default, additional rigorous imprisonment for six months Sec. 506B of the IPC Rigorous imprisonment for three years & fine of Rs.200.00, in default, additional rigorous imprisonment for three months Similarly, Surendra Kumar Chouhan @ Dadu (A-2) (sole appellant in Cr.A.No.504/2016) has been convicted under Sec. 376D of the IPC and sentenced to undergo imprisonment for life & pay fine of Rs.1,000.00, in default of payment of tine to further undergo additional rigorous imprisonment for six months.

(3.) Case of the prosecution, in short, is that on 20/2/2014 at about 6-7 p.m., at Jhopadipara, Police Station Kotwali, District Raigarh, Surendra Kumar Chouhan @ Dadu (A-2) confined the major victim in his bathroom and thereafter, Baleshwar Dhada @ Bali (A-1) came and committed sexual intercourse upon her and thereby committed the offence. The victim lodged written report Ex.P-10 pursuant to which FIR was registered against Baleshwar Dhada @ Bali (A-1) vide Ex.P-11 and spot maps were prepared vide Exs.P-12 and P-13 by the investigating officer and the Patwari, respectively. The victim was medically examined by Dr. D.K. Toppo (PW-7) vide Ex.P-16 in which internal injuries were found over the private part of the victim and vaginal slides were also prepared and sent for chemical examination to the FSL, Raipur from where report Ex.P-31 was received according to which human sperm was found on the vaginal slides of the victim.