KANHAIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25.10.2005 delivered by Shri A.K. Gaekwad, 4th Addl. Sessions Judge in special Case No. 146/2004 whereby the appellant Kanhaiya was convicted U/S 376 I.P.C. and was sentenced to undergo rigorous imprisonment for 7 years and a fine of Rs. 100/- and in default of payment to undergo rigorous imprisonment for 7 days.

(2.) It is not disputed that the prosecutrix P.W. 1 is the daughter of Hemlal P.W. 6 and Sukhbai P.W. 13.

(3.) Briefly stated the prosecution story is that on 22.4.2004, the prosecutrix had gone to attend wedding of her friend Asha in village Sonpuri. After the wedding ceremony, while she was returning home with Gomti P.W. 4, near the river, they met the appellant and 3 other co accused namely Yeman Kumbhkar, Ramesh @ Rameshwar and Narendra Kumar. The appellant forcibly took the prosecutrix towards the river and committed rape on her while the above mentioned co-accused stood guard. After being raped, the prosecutrix returned to the village with Gomti P.W. 4. She informed about the occurrence to her mother Sukhbai P.W. 13 and brother Chandra Shekhar P.W. 5 aged about 19 years. However, First Information Report was lodged after considerable delay on 29.4.2004 mentioning that since father of the prosecutrix had gone out of the village, the delay had occurred in lodging the FIR.