GANGA RAM 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. 30/8/2002, passed by the Additional Sessions Judge, Korba (C.G.), in Sessions Trial No.355/2001, whereby the appellant-accused has been convicted as under:- <FRM>JUDGEMENT_56_LAWS(CHH)3_2024_1.html</FRM> All the sentences are directed to run concurrently.

(2.) Briefly facts of the case is that in the night of 27/5/2001, the prosecutrix (PW-4) was at home with her mother. Her father-Mohit Ram Satnami (PW-1) had gone for his duty at N.T.P.C. The appellant herein came along with another person in the house of prosecutrix and took her with him on the point of knife. The appellant herein took the prosecutrix(PW-4) by train to the house of his friend at Village-Kapan, where he kept her for 2 days and then took her to Village-Manikpur, kept her in his sister's house and committed sexual intercourse with prosecutrix (PW-4). Later, on receiving information, Mohit Ram Satnami (PW-1), father of prosecutrix and Babulal (PW-5), neighbor went to village Manikpur and brought the prosecutrix from possession of the appellant. Thereafter, on 01/06/2001, FIR (Ex.P-15) was lodged against the appellant at Police Station Darri, District Korba (C.G.). Medical examination of the appellant and prosecutrix have been conducted. Undergarments of appellant and prosecutrix were seized and sent for its chemical examination. Spot map was prepared. The school admission register of school of prosecutrix and report card were seized vide Ex.P-9. According to which, date of birth of the prosecutrix was recorded as 15/06/1985. On the basis of which, the prosecutrix had not attained 16 years of age on the date of incident i.e. 27/05/2001, but was 18-19 days are less than to be 16 years. According to FSL report vide Ex.P-24, semen and human sperm were found in the underwear of the appellant and no semen stains and human sperm were found in the undergarments of the prosecutrix.

(3.) During the course of trial, in order to bring home the offence, the prosecution has examined as many as 10 witnesses and exhibited 24 documents. In order to prove, the appellant has neither examined any witness nor exhibited any document. Statements of the appellant was recorded under Sec. 313 of Cr.P.C. in which he denied circumstances appearing against him in prosecution case, pleaded innocence and false implication.