KAMAL KOMRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal has been preferred by the Appellant assailing the judgment dtd. 7/1/2012 passed by the Sessions Judge, Uttar Bastar Kanker in Sessions Trial No. 65 of 2011, whereby the Appellant has been convicted and sentenced to undergo R.I. for 1 year and to pay fine of Rs.500.00 with default sentence of R.I. for 1 month under Sec. 506 (Part- II) of IPC and also to undergo R.I. for 10 years and to pay fine of Rs.1000.00 with default sentence of R.I. for 2 months under Sec. 376 of IPC.

(2.) Case of the prosecution is that the Prosecutrix, PW-1, has lodged an FIR (Exhibit P-1) on 21/3/2011 at around 15:20 pm at Police Station Korar, District Kanker informing that on the previous night, i.e., on 20/3/2011, at about 8:00 pm when she along with her friends, Ku. Sangeeta Korche (PW- 4) and one Geeta Korche, were returning after answering the nature's call from the field, en route they were stopped by the Appellant and some other persons and they wanted to apply colour on the body of the three girls as it was the Holi festival on 20/3/2011. When the girls tried to avoid apply of colour by the Appellant, PW-4 Sangeet Korche and Geeta Korche ran to their houses, but the Prosecutrix ran to the opposite direction and she was chased by the Appellant and it is alleged by the Prosecutrix that after forcefully dragging her down to the field the Appellant forcibly committed sexual intercourse with her after tearing the dress that she was wearing. It is alleged that after the commission of the offence the Prosecutrix some how managed to escape from the clutches of the Appellant and ran away and straightaway came and informed her parents, and since it was already dark they decided to go and lodge a report on the next day, i.e., on 21/3/2011. Accordingly, on 21/3/2011 at around 15:20 pm an FIR (Exhibit P- 1) was lodged at the behest of the Prosecutrix (PW-1).

(3.) After the investigation was completed, the prosecution had submitted a charge-sheet and the matter was put to trial before the Sessions Judge, Uttar Bastar Kanker where the case was registered as Sessions Trial No. 65 of 2011. During the course of trial, the prosecution examined as many as 11 witnesses. There were no witnesses examined on behalf of the defence. After the conclusion of the evidence, the Court below vide impugned judgment found the Appellant guilty of having committed the offence under Ss. 506 (Part II) and 376 of IPC and convicting him for the said offences sentenced him for the period as narrated herein above in paragraph 1 of this judgment. It is this judgment of conviction and sentence which is under challenge in the instant appeal.