JITENDRA CHAKRADHAN PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed by the appellant-accused under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 11-06- 2008, passed by learned 2nd Additional Sessions Judge Balodabazar, District Raipur (C.G.), in Sessions Trial No.02/2008, whereby the appellant-accused has been convicted as under:-

(2.) As per prosecution story, in the month of July 2007 at 12.00 pm the victim (PW-3) aged 14 years was alone in her house. Her father (PW-4) and mother (PW-5) had gone to work in the garden. At 12.00 pm, the accused/appellant came to the victim's house and forcibly removed her clothes and committed sexual intercourse with her, and threatened to kill her if she told her parents. Due to fear of the accused, the victim did not tell anyone about the incident. When the victim became 5 months' pregnant with the accused, her mother questioned her about her pregnancy, then the victim told her mother that accused/appellant Jitendra did bad thing with her in the month of July due to which she became pregnant. Then the victim's mother informed her husband about the incident. Then the victim's father also informed one Gaulochan of the village about the incident. Then the victim along with her parents went to Police Station Kasdol on 27/10/2007 and filed a report against the accused regarding the incident. Thereafter, the victim was medically examined. Her X-ray was also done regarding her age. A map of the incident was also prepared. After recording witness statements and completing the investigation, the accused was arrested and charge sheet was filed against him.

(3.) During the course of trial, in order to bring home the offence, the prosecution has examined as many as 8 witnesses and exhibited 6 documents. Statements of the appellant was recorded under Sec. 313 of Cr.P.C. in which he denied circumstances appearing against him in prosecution case, pleaded innocence and false implication.