ANIL KARSH Vs. STATE OF C.G.

JUDGEMENT

(1.) The appellant has filed the instant criminal appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973 questioning the judgment of conviction and order of sentence dtd. 24/02/2021 passed by the Additional Sessions Judge, Fast Track Court Janjgir, District Janjgir-Champa, (C.G.) in S.T. No.64/2017, whereby the appellants have been convicted and sentenced as under:-

(2.) The case of the prosecution in brief is that on 19/8/2017, the prosecutrix submitted a written complaint (Ex. P.-1) at the Police Station that on 18/8/2017 at 2.30 p.m. she was at her home with her family, at that time Anil Karsh's wife Anita came to call her, she went to Anil's home after informing her mother-in-law and took her son Laxman. As soon as she reached Anil's home in the shade, Anil caught her hand and started taking her to the room, when she did not enter, his wife Anita pushed her inside the room, as soon as she reached inside the room, Anil closed the door of the room, his wife Anita went towards the cola with her son, Anil forcefully threw her on the ground, tore her panties and raped her and started saying that whenever I call you, you will come, then she said yes out of fear, when she came out of the room after opening the door, the accused threatened her that she should not tell anyone about the incident. If she tells anyone, they will kill her and her family. She ran away with her son and came home and informed her husband, mother-in-law and father-in-law about the incident. On the basis of the written complaint of the prosecutor, a First Information Report (Ex. P.-2) was registered against the accused in Police Station under Crime No. 121/17 Ss. 376, 342, 120B, 506, 34 IPC.

(3.) It is also the case of the prosecution that after obtaining permission (application Ex.P.-14) for examination of the prosecutrix and consent from the prosecutrix (consent letter Ex.P.-3) from the Sub-Divisional Magistrate, Champa, the examination of the prosecutrix was conducted after sending an application (Ex.P.-21) to the Tehsildar Champa for getting the site map drawn by the Patwari, the Patwari prepared a site map (Ex.P.-5) and a Panchnama (Ex.P.-6), the statement of the prosecutrix before the Judicial Magistrate First Class Champa under Sec. 164 Cr.P.C. (Ex.P.-8) was recorded, a sky blue coloured petticoat was recovered from the possession of the prosecutrix (Seizure Memorandum Ex.P.-7), slides of the prosecutrix from the possession of lady constable Ruby Asmin, brown coloured undergarment of the prosecutrix from the house of accused Anil (Seizure Memorandum Ex.P.-9). Grey coloured Bermuda was seized from the possession of Anil (seizure memo Ex.P.-10), the accused were arrested (arrest memo Ex.P.-22 and Ex.P.-23), accused Anil was sent for trial (application Ex.P.-13), the Bermuda seized from accused Anil was sent to Community Health Centre Bamhnidih for query (application Ex.P.-16) and the petticoat and innerwear of the complainant were sent to Government BDM. Hospital Champa (application Ex.P.-17) was sent for query, the seized exhibits were sent to the Regional Forensic Forensic Science Laboratory for examination through the memorandum of the Superintendent of Police (Ex.P.-18), from where the report (Ex.P.-20) was received, after further investigation, a charge sheet was filed against the accused in Crime No. 121/17 under Ss. 376, 342, 120 (B), 506, 34 IPC on 3/10/2017 before Judicial Magistrate First Class Janjgir.