CHOWA RAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 12.11.2010 passed by the Sessions Judge, Dhamtari in S.T. No.37/2010 convicting the accused/appellant under Sections 450 & 376 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo RI for 05 years & fine of Rs.2,000/- and RI for 8 years & fine of Rs.3,000/-, plus default stipulations.

(2.) The facts of case, in brief, are that on 23.3.2010 FIR (Ex.P-1) was lodged by the prosecutrix (PW-1) alleging in it that she is studying in Class 6th and on 22.3.2010 when she was washing utensils after taking her meals, the accused/appellant came there, embraced her, took her in the kitchen and committed sexual intercourse with her after removing her underwear. It is further alleged that while accused/appellant was committing sexual intercourse with her, her father reached there and gave 2-3 slaps to the accused/appellant and he fled away from the spot. Thereafter the matter was discussed in the panchayat meeting where the accused/appellant had admitted his mistake and therefore a decision to lodge report has been taken. Based on this FIR, offence under Sections 450 & 376 of the IPC was registered against the accused/appellant. The prosecutrix was sent for medical examination which was conducted by Dr. (Smt.) Asha Tiwari (PW-7) and her report is Ex.P-8. Accused/appellant was also medically examined by Dr. U.S. Navratan (PW-8) and he found him capable of performing sexual intercourse. On completion of investigation, charge sheet was filed against the accused/appellant for the offence punishable under Sections 450 & 376 of IPC followed by framing of charges by the Court below under the aforesaid sections.

(3.) The prosecution in order to bring home the charges levelled against the accused/ appellant examined 10 witnesses. Statement of the accused/appellant was recorded under Section 313 of Cr.P.C. in which he abjured his guilt and pleaded false implication.