NIRMAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC preferred by the appellant-accused is directed against the impugned judgment of conviction and order of sentence dtd. 10/3/2017 passed by the Additional Sessions Judge (F.T.C.), Bilaspur, Chhattisgarh, in Special Sessions Trial No. 402/2014 by which appellant herein has been convicted and sentenced as under:- <FRM>JUDGEMENT_86_LAWS(CHH)1_2024_1.html</FRM>

(2.) Case of the prosecution, in nutshell, is that appellant committed sexual intercourse with minor victim (PW-2), aged about 9 years on the date of offence, against her wishes and thereby committed the aforesaid offence. It is further case of the prosecution that appellant being a neighbour used to visit the house of victim (PW-2). On 27/7/2013 victim (PW-2) informed about the incident to her mother (PW-1) that when she was playing outside of the house with other children, appellant came there and asked to play luka-chhipi and took her at his home and committed sexual intercourse with her against her wishes which was witnessed by her (PW-2) cousin brother (PW-3) and she (PW-2) has also informed her mother (PW-1) that prior to that appellant had also committed sexual intercourse with her many times and also threatened her that if she discloses the fact about the said incident to anyone she will have to face dire consequences, due to which, she did not disclose this incident to anyone. FIR was lodged by mother of the victim (PW-1) vide Ex.P/1. Nazari naksha was prepared vide Ex.P/3. As per Dakhil Kariz Register (Ex.P/8C) age of the victim was about 9 years and as per radiologist report (MLC report) (Ex.P/12) aged of the victim was between 10 to 12 years at the time of offence. Minor victim was medically examined by Dr. Shikha Nigam (PW-9) and Dr. Madhulika Thakur (PW-8) and medical report was prepared vide Ex.P/10. In the medical report (Ex.P/10), as per Dr. Shikha Nigam (PW-9) hymen of the victim was found ruptured and redness was also found on the vagina of the victim and as per Dr. Madhulika Thakur (PW-8) intercourse is not possible, but sign of sexual assault over private part of the victim was found. Slides of the victim were sent for chemical analysis.

(3.) After due investigation, appellant was charge-sheeted for the aforesaid offence and the case was committed to the Court of Sessions for trial in accordance with law. Statement of the appellant was taken under Sec. 313 of CrPC wherein, appellant / accused abjured his guilt and entered into defence stating that he has not committed the offence.