STATE OF CHHATTISGARH Vs. DINESH

JUDGEMENT

(1.) This acquittal appeal filed by the appellant/State arises out of the judgment dtd. 3/1/2017 passed by the Additional Sessions Judge, Fast Track Court, Raipur, C.G. in Sessions Trial No.27/2016, whereby the learned trial Court acquitted the accused persons/respondents herein of the charge under Ss. 450, 328, 323 read with 34 and 376 of Indian Penal Code (for short, 'IPC').

(2.) Case of the prosecution, in brief, is that on 20/6/2015, victim (PW-1), aged about 48 years, lodged a Dehati Nalisi (Ex.P-2) stating therein that she was working as a Nurse at Maternity Home Pandri, Raipur. On 19/6/2015, she was on duty from 8:00 pm onwards along with two other female staff members and after locking the main door of the hospital, they all went to sleep at around 10:00 pm as there were no patients. It is alleged further that while she was sleeping, at around 2:00 am, she woke up upon hearing some noise and saw two unknown persons, aged about 30-35 years, wearing masks and gloves, searching the cupboard in her room. When she started shouting, one of them caught hold of her, pushed her on the bed, forcibly put three tablets into her mouth, gagged her mouth with a piece of cloth and tied her with a Dupatta. Thereafter, both the accused persons committed sexual intercourse with her one by one and after committing the offence, they searched the drawers to get valuable items and fled away from there. At about 6:15 am, sister-in-charge entered the room, found her in that condition and removed the cloth from her mouth and after that, she informed the incident to her. On the basis of Dehati Nalisi (Ex.P-2), FIR (Ex.P-23) has been registered against the two unknown persons.

(3.) During investigation, spot map was prepared vide Ex.P-11, consent letter (Ex.P-3) of prosecutrix was obtained and she was sent for medical examination where Dr. S.N. (PW-11) examined the prosecutrix and did not give any definite opinion regarding recent forcible sexual intercourse nor did find any sign of injury over the body of the prosecutrix either internally or externally and gave her MLC report vide Ex.P-21. Vide Ex.P-1, night dress and undergarment of prosecutrix were seized. From the spot, two beds, one dupatta, one saree and other articles were seized vide Ex.P-8. Seized articles were sent to FSL for chemical examination and as per FSL report (Ex.P-39), although seminal spots and human spermatozoa have been found on the underwear and slide of prosecutrix, but the subsequent DNA examination report (Ex.P-50) did not find any male DNA profile. Accused persons/respondents were taken into custody on 16/10/2015 vide Exs.P-30 and 31 and after more than three months of the incident, their memorandum statements were recorded vide Exs.P-12 and 13 respectively, pursuant to which, three notes of Rs.100.00, one Bermuda and T-shirt were seized from the respondent No.2 and from respondent No.1, two notes of Rs.100.00, T-shirt and jeans were seized vide Ex.P-15. Statements of the witnesses were recorded and after completing investigation, charge-sheet was filed against the accused persons/respondents before the concerned trial Court under Ss. 450, 328, 323 read with 34 and 376(?k) of IPC. Accused persons/respondents abjured their guilt and prayed for trial.