SATISH KUMAR SAHU Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18-9-2002 delivered by Shri N. D. Ekka, 4th Additional Sessions Judge (Fast Track Court), Janjgir in Special Case No. 508/2001 whereby the appellant was convicted under Section 376(1) and Section 506, Part II of the I. P. C. and was sentenced to undergo rigorous imprisonment for seven years and fine of Rs. 500/-, in default of payment of fine, to undergo further R. I. for three months under Section 376(1) and to undergo R. I. for two years under Section 506, Part II of the I.P.C.

(2.) Briefly stated the prosecution story is that Prosecutrix P. W. 15, aged about 13 years, is the daughter of Ambika P. W. 2 and Ramkishun P. W. 5. On 26-10-2001, she along with Ku. Pushpa P. W. 18 and Ku. Meena D. W. 1 had gone to witness Dussehara festival in which the effigy of Ravana was burnt in the outskirts of the village Tanaud. At about 7.00 p. m. after festival was over the prosecutrix P. W. 15 was returning home alone. Near the village tank while she was attending a call of nature, the accused appellant came there and caught hold of her, kissed her, forcibly lifted her and took her towards the bushes near the tank, forcibly undressed her and committed rape on her. The prosecutrix said that she would tell her mother about the incident. The appellant threatened to kill her. Due to forceful penetration the virgin prosecutrix started bleeding profusely from the private parts. The appellant offered his banian to wipe out the blood but she did not accept it and went to the tank and washed herself. On returning home, the prosecutrix informed her mother Ambika P.W. 2 about the rape committed by the appellant on her.

(3.) F. I. R. Ex. P. 2 was lodged by Ambika in Police Station Shivrinarayan on 27-10-2001 at 9.15 a. m. Prosecutrix was sent for medical examination. Dr. Rama Ghosh P. W. 7 examined the prosecutrix at 6.30 p. m. on 27-10-2001 and found that she had discomfort in walking and could walk slowly. Her secondary sexual characters were well developed. There were multiple bruises reddish blue in colour on her breasts and she was complaining of pain all over both breasts. There was a cut present at the joint of both Labia Majora and Labia Minora which was skin deep red in colour, margins were lacerated 1 cm. long and it bled slightly on touch. Her vagina was very tight, though admitted two fingers and on stretch was bleeding. Blood clots were also present. There was a lacerated wound present over right lateral vaginal wall. Margins were not clear. It bled on touch. The depth of lacerated wound was about 1/4 cm. Hymen was ruptured. Curunculea was present, red in colour. In the opinion of Dr. Ghosh P. W. 7, the injuries were about 24 to 30 hours old. She opined that forceful sexual intercourse might have been committed on the prosecutrix P. W. 15. She referred her for determination of age to the District Hospital, Bilaspur.