PARMANAND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) ON BOARD - This appeal has been filed against the judgment of conviction and order of sentence dated 29.11.2002 passed by the Additional Sessions Judge (FTC) Muneli, District Bilaspur in Sessions Trial No. 84/2002 convicting the accused/appellant under Sections 376, 450 and 323 IPC and sentencing him to undergo rigorous imprisonment for seven years with fine of Rs. 1000 u/s 376, rigorous imprisonment for seven years with fine of Rs. 1000 u/s 450 and to pay fine of Rs. 300 u/s 323 IPC, plus default stipulations.

(2.) Facts of the case in brief are that on the basis of written report (Ex.P-9) made by the prosecutrix, FIR (Ex.P-10) was registered against the accused/appellant on 6.9.2009 for the offences punishable under Sections 376 and 323 IPC. It is alleged in the FIR that on 5.9.2009 at about 6 PM when she was cooking food in her house and her grandmother was sleeping nearby, accused/appellant gained entry thereto, threw her on the ground, removed her underwear and after inserting a piece of cloth in her mouth committed forcible sexual intercourse with her twice. Meanwhile, her brother Sandeep aged about 11 years came there and on seeing him, the accused/appellant ran away. FIR further says that while she was resisting, the accused/appellant bit her hand. Thereafter, her aunt Laxmin Bai (PW-5) came there and saw the accused/appellant running away. Prosecutrix was medically examined on 7.9.2009 by Dr. (Smt.) Vibha Sindur (PW-2) who noticed injuries on her private part and gave an opinion that she was subjected to forcible sexual intercourse 1 or 2 day prior thereto. On completion of investigation, charge sheet was filed by the police for the offences punishable under sections 376, 323 and 450 IPC followed by framing of charge by the Court below accordingly.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 07 witnesses. Statement of the accused/appellant under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.