GENDLAL DEWANGAN Vs. STATE OF C.G.

JUDGEMENT

(1.) Assail in the present Criminal Appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short 'CrPC') is to the Judgment dtd. 23/8/2019 passed by learned Additional Sessions Judge (F.T.C.), Durg (Trial Court) in Sessions Case No.100/2015, by which the sole Appellant herein has been convicted for offence under Sec. 376(2)(l) of the Indian Penal Code, 1860 (for short 'IPC') and sentenced thereunder to suffer Life Imprisonment for the remainder of his natural life and to pay fine of Rs.1000.00 and in default of payment of fine to suffer additional Two months' Rigorous Imprisonment.

(2.) Factual matrix of the case, in short, is that on 31/12/2012 at 9:30 p.m. in Sheetla Nagar, Durg, the Appellant committed sexual intercourse with the Prosecutrix (PW-2) who is physically challenged (deaf and dumb). PW-11, mother of the Prosecutrix, immediately after 2 hours of the incident reported the matter to the police on the basis of which, FIR (Ex. P-11) was registered. Seizure of the clothes of the Prosecutrix was made on 31/12/2012 vide Ex. P-1. Her medical examination was conducted vide Ex. P-7 on 1/1/2013 at 1:30 a.m. by Dr. Vrinda Mandge. Her vaginal smear slide was seized vide Ex. P-4. Crime Details Form (Ex. P13) and Spot Map (Ex. P-22) were prepared. Statement of the Prosecutrix under Sec. 161 of CrPC was recorded on 29/1/2014 vide Ex. P-3 with the assistance of the Special Educator, Smt. Yashoda Sahu (PW-4). In the Forensic Science Laboratory (for short 'FSL') report (Ex. P-20), human sperms were found on the undergarments and on the vaginal smear slide of the Prosecutrix. Appellant was charge-sheeted before the Trial Court where charge was framed against him for offence punishable under Sec. 376(2)(l) of IPC and read out and explained to him, which he denied and claimed to be tried.

(3.) During the course of trial, in order to prove its case, the prosecution examined as many as 12 witnesses as PW-1 to PW-12 and exhibited 22 documents vide Exhibits P-1 to P-22. After closure of the prosecution evidence, statement of the accused/Appellant was recorded under Sec. 313 CrPC in which he denied the circumstances appearing against him in the evidence produced by the prosecution, pleaded innocence and false implication.