GAJRATAN Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) By this appeal, appellant Gajratan has questioned the legality and correctness of the judgment of conviction and order of sentence dated 3-6-2000 passed in Sessions Trial No. 160/1999 by the learned Additional Sessions Judge, Janjgir, whereby the learned Additional Sessions Judge after holding the accused-appellant guilty for commission of offence punishable under Sections 376(6), 323 and 506(1) of I.P.C. sentenced him to undergo imprisonment for life, R.I. for six months and R.I. for six months respectively. It is also directed that all the sentences to run concurrently.

(2.) The case of the prosecution in brief is that on 2-4-1999, the prosecutrix lodged report Ex.P-1 in Police Station, Akaltara to the effect that about six months back she along with her parents went to Allahabad for earning livelihood, there they were working in a brick kiln. Her mother was pregnant. Her father committed rape on her 5 to 6 times. She disclosed this fact to her mother but she did not open her mouth on account of fear of beating by the accused. Now 15 days back, they had returned from Allahabad to Bamhnin where also the accused committed rape on her. Day before yesterday father asked her let us go to her maternal-grand-father's village, he will drop her there. On the way at about 3 p.m. when they reached near a mango tree, the accused gave beating and again committed rape on her. Thereafter they went to the house of maternal grand-father at Pachari. Accused left her there and came back to Bamhnin. He said to her that if she will disclose this fact to anybody then he will kill her. Initially she was not prepared to disclose this fact to her maternal grand-father but ultimately she could not resist herself as her conscience did not permit her, therefore, she disclosed this fact to her maternal grand father and maternal grand-mother. Receiving this report the Station House Officer took up the investigation, sent the prosecutrix for medical examination to Primary Health Centre, Akaltara under Ex.P-2 where Dr. Rama Verma PW-3 conducted medical examination, prepared the report Ex.P-3. The accused was medically examined about his competence to have intercourse in Primary Health Centre under Ex. P-14 by Dr. R. K. Agrawal PW-7 and gave his report PW-13. After completion of Investigation, chargesheet was filed in the Court of Judicial Magistrate First Class, Janjgir, who in turn committed the case to the Sessions Judge, Bilaspur from where learned Additional Sessions Judge, Janjgir received the case on transfer for trial.

(3.) The prosecution in order to establish the charge against the accused examined 8 witnesses. The statement of the accused was recorded under Section 313 of Cr.P.C. in which he admitted that his wife was pregnant. He also admitted that he along with his family members went to earn livelihood in brick kiln at Poolpur. He also admitted that they were residing at Poolpur but he denied the allegation of the prosecutrix that he used to commit rape on her. He also denied the other incriminating evidence appearing against him in prosecution evidence and said that his daughter and wife are bad character ladies, that is why he used to beat them, therefore, they have implicated him in a false case. The learned Additional Sessions Judge after hearing the counsel for the respective parties convicted and sentenced the accused as mentioned in paragraph 1 of the judgment.