LAWS(CHH)-2016-4-32

SURENDRA ALIAS SADHU Vs. STATE OF CHHATTISGARH

Decided On April 26, 2016
Surendra Alias Sadhu Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 24 -10 -2002 passed by the Special Judge and Additional Sessions Judge, Durg in Special Case No. 43/2002, convicting the accused/appellant under Sec. 377 of Penal Code and sentencing to undergo RI for five years.

(2.) Allegation against the appellant is that while he was inside the jail, on 21 -7 -2001 at about 1 a.m., he committed anal sex with complainant (PW -4), who was also in inmate of the Central Jail, Durg. On the next day, the incident was disclosed by the complainant to the jail authorities and in turn, the Jail Superintendent made a written complaint (Ex. P/2), on which FIR (Ex. P/7) was registered against the appellant and one Suman Dubey under Sections 377/34 of IPC. The victim was medically examined vide Ex. P/10 by PW -6 Dr. S. R. Banjare who noticed multiple abrasion over and around the anal orifice and opined that the victim was subjected to unnatural intercourse. After investigation charge -sheet was filed against the appellant and co -accused -Suman Dubey under Sections 377/34 of Penal Code and Sec. 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. However, while framing charge, the trial Court framed charges under Sec. 377 of Penal Code and Sec. 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against them.

(3.) So as to hold the accused persons guilty, the prosecution examined as many as 9 witnesses. Statements of the accused were also recorded under Sec. 313 of Cr. P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.