PUNDAS BANJARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These criminal appeals preferred under Sec. 374(2) of the Cr.P.C. are against impugned judgment of conviction and order of sentence dtd. 14/11/2022 passed in Sessions Trial No. 70/2021 by the Additional Sessions Judge, (FTC), Bilaspur (C.G.), whereby the appellants have been convicted under Sec. 376(D) of the IPC and sentenced to undergo life imprisonment (till his life) with fine of Rs.10,000.00 each, in default of payment to further undergo additional rigorous imprisonment of 04 months each.

(2.) Case of the prosecution in brief is that on 16/09/2019 the prosecutrix, aged about 24 years lodged the First Information Report (Ex.P/6) alleging therein that prior to 15-20 days, someone was constantly calling her over mobile from mobile no. 9131051174 telling his name as Manmohan Banjare and he was forcing her to meet. On 15/09/2019, the said person, after making call twice or thrice, asked the prosecutrix to meet near Bilha turning, Hirri, on which, at about 04:00 pm, she went to Bilha turning, where appellant-Manmohan along with his five friends came in a Bolero vehicle. Subsequently, Manmohan Banjare forcibly dragged her into the Bolero vehicle and after forcibly tightening her eyes by a piece of clothe, took her to Chhuikhadan, Shrangarpur. Subsequently, other co-accused persons i.e. Pundas and Bau, forcibly caught hold her hand and mouth and appellant-Manmohan committed rape with her. It has been alleged that while the said act was being done with her, she was screaming and listening to her screams, one pedestrian who was passing nearby, stopped there. Thereafter, the appellants fled away from the spot. Subsequently, the report was made by her.

(3.) During investigation, the statements of the prosecutrix as well as the witnesses were recorded. The medical examination of the prosecutrix and appellant- Manmohan was conducted at Community Health Center, Hirri, Bilaspur. The doctor prepared vaginal secretion of the prosecutrix and preserved the same in a sealed packet. The said articles were sent for its chemical examination to Forensic Science Laboratory, Bilaspur.