PANKAJ LAKARA Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25/4/2006 delivered by Shri G. C. Bajpal, Sessions Judge, Jashpur in Sessions Case No. 101/2005 whereby the appellant was convicted under Sections 363, 366, 376 (1) and 341, IPC and was sentenced under Sections 363, 366, 376(1) to undergo rigorous imprisonment for two years, five years and seven years respectively and also to simple imprisonment for one month under Section 341, IPC. The sentences were ordered to run concurrently.

(2.) Briefly stated the prosecution case is that on 26/7/2005 the prosecutrix, aged about 13 years, was sent by her mother Kaldina P.W. 2 for bringing Soyabeen chunks from Khan Shop. The prosecutrix left her house on a cycle and after purchasing Soyabeen chunks from Khan Shop was returning home. Near the school, the appellant Pankaj Lakda stood with one Pratap, the cousin brother of the prosecutrix. Pratap called her and asked to give her cycle to him. The prosecutrix gave her cycle to Pratap who left the place. The appellant thereafter held the hand of the prosecutrix and dragged her inside the school room. She attempted to shout but the appellant gagged her mouth. Inside the kitchen room of Primary School, Bhandri the appellant removed his underwear and also the underwear of the prosecutrix and committed rape on the prosecutrix.

(3.) In the meanwhile, since the prosecutrix did not return home her mother sent her son Amol Bada in search of her. Amol returned with the cycle of the prosecutrix and told her that he had met Pratap who had given her cycle to him. Upon this information, Kaldina P.W. 2 herself went in search of the prosecutrix. When she entered the kitchen room of the school, she saw that the appellant was committing rape on the prosecutrix. She caught the appellant by his neck. The prosecutrix told her that the appellant was gagging her mouth whenever she wanted to shout and had forcibly committed rape on her. The appellant fled from the place of occurrence.