KISHORE BAHADUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31.10.2002 delivered by Shri Lakhan Singh, learned Addl. Sessions Judge, Distt. Korba in Sessions Trial No. 478/2001 whereby the appellant was convicted under Sections 376, 366, 363 and 342 IPC and was sentenced to rigorous imprisonment for 7 years and to pay fine of Rs. 500/- under Section 376 IPC, to R.I. for 5 years and fine of Rs. 500/- under Section 366 IPC, to R.I. for 3 years and a fine of Rs. 500/- under Section 363 and to R.I. for 3 months under Section 342 IPC. In default of payment of fine, the appellant was sentenced to undergo S.I. for one month each for offences under Serous 363, 366 and 376 IPC.

(2.) The prosecution story in brief is that the prosecutrix, aged' about 17 years and 2 months and a student of Class-IX, left for her school on a cycle at about 10.15 a.m. from her house. Near Polytechnic College, by the side of the road, the appellant Kishore Bahadur along with Ram Bhuvan lay in wait for her. Ram Bhuvan was driving the motorcycle while the appellant Kishore was the pillion rider. They blocked the way of the prosecutrix by parking the motorcycle in front of her cycle. The associates of appellant- Kishore i.e. Bhajan and Ramu also arrived on a cycle. Thereafter, the appellant Kishore forcibly seated the prosecutrix on the motorcycle and gagged her mouth. Ram Bhuvan drove the motorcycle towards the Jambahar forest. Leaving the appellant and the prosecutrix there, Ram Bhuvan returned. Thereafter, the appellant committed rape on the prosecutrix repeatedly on 16th, 17th and 18th of August, 2001 under constant threat. On 18.8.2001, Ram Bhuvan came to the forest on a motorcycle while Bhajan and Ramu came riding on the cycle. While the prosecutrix was being brought home, she fainted since she had not eaten anything for 3 days. The appellant left the prosecutrix at her home and went away. After regaining consciousness, the prosecutrix informed about the incident to her parents. The F.I.R. was lodged by the prosecutrix on 24.8.2001 i.e. after six days at about 8.05 p.m. at P.S. Balco situated about 4 kms. away from the place of occurrence.

(3.) The prosecutrix was sent for medical examination. Dr. Veena Agarwal P.W.6 examined the prosecutrix on 25.8.2001 at 12.30 p.m. and found that there was no external injury on her person. On internal examination, she found that there were multiple tears in hymen membrane which were red, congested and tender. The vagina admitted one finger with pain. It was opined that sexual intercourse had been committed with the prosecutrix within 3 to 7 days prior to her examination. The age of the prosecutrix was opined to be between 16 and 17 years. Vaginal slides were prepared and sealed. Radiological examination was advised to confirm her age.