RAVI BAGHEL Vs. STATE OF CHHATTISGARH.

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 20.1.2011 passed by the Sessions Judge, Dhamtari in S.T.No.60/2010 convicting the accused/appellant under Sections 376, 450, 325, 323 of IPC and sentencing him to undergo RI for 10 years, fine of Rs.5000/-; RI for 5 years, fine of Rs.5000/-; RI for 2 years, fine of Rs.3000/- and RI for 6 months, fine of Rs.500/- with default stipulations respectively.

(2.) As per the prosecution case, on 9.6.2010 an unnumbered FIR (Ex.P/1) was lodged by the prosecutrix (PW 1) at Police Outpost - Birejhar, P.S. Kurud, alleging in it that on that day at about 1 pm when she was in her house along with her daughter Geeteshwari (PW-3), who was watching TV in another room and her mother-in-law Biswantinbai (PW-2) was in the verandah, the accused/appellant who is resident of her village came in intoxicated condition to her house and started abusing her mother-in-law, which was objected by her motherin-law. Thereafter, the accused/appellant entered her house, when her mother-in-law intervened, he caught hold of her mother-in-law and threw her on the floor. Then the accused/appellant entered into her room, threw her on the cot, removed her sari and after upturning her petticoat and removing his pant committed forcible sexual intercourse with her. Thereafter, he entered the room of her daughter Geeteshwari, caught hold of her and on protest being made by her, threw her on the floor. However, on hue and cry being raised by them, their neighbours Lakshawantin and son of Gangaram came to their rescue and took the accused/appellant outside their house. After about an hour when husband of the prosecutrix returned to the house from his workplace, she narrated the entire incident to him and thereafter, she came to lodge the report. Based on this unnumbered FIR, a numbered FIR (Ex.P/10) was registered against the accused/appellant at P.S. Kurud under Crime No.195/10 for the offence under Sections 450, 376 and 323 of IPC. On 10.6.2010 MLC of PW-2 Biswantinbai was done vide Ex.P/5, MLC of PW-3 Geeteshwari is Ex.P/7, MLC of accused/appellant is Ex.P/8 and that of the prosecutrix (PW 1) is Ex.P/9. Vide Ex.P/6 opinion on the basis of x-ray report was obtained from the doctor, according to which Biswantinbai suffered grievous injury caused by hard and blunt object. After investigation, charge sheet was filed against the accused/appellant under Sections 450, 376, 323, 325 of IPC and accordingly, charges were framed.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 8 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. In his defence, he examined Hitendra Kumar Bhimo and Chandrikabai Baghel as DW-1 and DW-2 respectively.