RUPSINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 16.12.2000 passed by Additional Sessions Judge Jagdalpur (Bastar) in Sessions Trial No. 81/2000 convicting the accused/appellant under Section 376 IPC and sentencing him to undergo rigorous imprisonment for seven years with fine of Rs. 1000/-, plus default stipulations.

(2.) Facts of the case in brief are that on 9.8.1999 FIR Ex. P-1 was lodged by the prosecutrix (PW-1) alleging that on 16.7.1999 at about 5 PM she, as usual, had gone to the house of the accused/appellant in connection with some house-hold work and while she was busy in her work, accused/appellant who was already present there, bolted the door from inside, made her lie on the ground and committed forcible sexual intercourse with her. It is alleged that when she tried to raise an alarm, the accused/appellant threatened her and being under fear, she went to her house and three days thereafter when her husband returned home, she narrated the entire incident to him. Thereafter, her husband is said to have informed the Kotwar, Sarpanch and Panch of the village about the incident and then on 23.7.1999 Panchayat meeting was held which was attended by the accused/appellant also. It is further alleged that in the Panchayat the accused/appellant had admitted his guilt on which a penalty of Rs. 350/- was also imposed on him. The FIR further says that after this incident of rape, on 24.7.1999 wife of the accused/appellant had a quarrel with the prosecutrix and thereafter as decided in the panchayat, the report was lodged. It is alleged that on account of Panchayat meeting the delay has occurred in lodging the FIR. Based on this report, offence under Section 376 IPC was registered against the accused/appellant and then the prosecutrix was medically examined by Dr. (Smt.) Chandra (PW-5) who gave her report Ex. P-5. After completion of investigation, charge sheet was filed by the police for the offence punishable under Section 376 IPC followed by framing of charge by the Court accordingly.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 08 witnesses in support of its case. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case.