VIDUR GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 28.11.2005 passed by the Sessions Judge, Jashpur, Distt. Jashpur in ST No.67/2005, convicting the accused/appellant under Section 376 of IPC and sentencing him to undergo RI for seven years and pay a fine of Rs.150/- with default stipulation.

(2.) Brief facts of the case are that on 25.4.2005 at about 4 pm, FIR (Ex.P/1) was lodged by the prosecutrix (PW-1), a widow, aged about 45 years, alleging therein that on the previous night the accused/appellant gave her Rs.20/- and asked for bringing liquor. Thereafter, she and the appellant consumed liquor in her house, after some time the appellant started teasing her and then committed bad work with her. Upon hearing her cries, her two nephews Devdas and Khutlu came there and caught hold of the appellant. Next day, a village meeting was called where the appellant was made to understand and ultimately, at the instance of the villagers she lodged the report against the appellant. Based on this report, offence under Section 376 of IPC was registered against the appellant. The prosecutrix was medically examined on 26.4.2005 by PW-3 Dr. Smt. K. Tirkey vide Ex.P/2 who noticed no mark of struggle on her body, she was in mensuration period, labia majora and minora were normal, hymen absent, abrasion on right side of perineum with reddishness and pain; there was reddishness and pain on back of perineum. In her opinion, the prosecutrix was subjected to sexual intercourse. In cross-examination, she has stated that if sexual intercourse is consensual, such symptoms could be found on the body of the woman. After Investigation charge sheet was filed against the appellant under Section 376 of IPC followed by framing of charge accordingly by the trial Court.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 5 witnesses. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.