LALURAM S/O KASIRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30.8.2011 passed by Additional Sessions Judge, Rajnandgaon in Sessions Trial No. 79/2010 convicting the accused/appellant under Sections 376, 363 and 366 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for ten years with fine of Rs. 1000/- u/s 376 and rigorous imprisonment for five years with fine of Rs. 1000/- each u/s 363 & 366 IPC, plus default stipulations.

(2.) As per the case of prosecution, on 29.9.2010 FIR (Ex. P-1) was lodged by the mother of the prosecutrix namely Gajri Bai (PW-1) alleging therein that her mentally challenged daughter (prosecutrix) aged about 15 years though is unable to speak properly, can manage to understand the things. It is alleged that on 25.9.2010 after returning from school when the prosecutrix went out to play, accused/appellant allured her to his house on the pretext of teaching and committed forcible sexual intercourse with her. After getting back home, the prosecutrix took her meal and went to sleep, however, in the next morning she complained pain in her private part and thigh. On being asked, she explained the entire incident of being subjected to rape by the accused/appellant, in unrefined wordings as also by gesticulation. Thereafter, she fomented the private part of the prosecutrix and narrated the incident to her husband as also the villagers and then a decision was taken to lodge the report. Based on this FIR, offence under Section 376 IPC was registered against the accused/appellant. Prosecutrix was medically examined by Dr. Saroj Gandhrav (PW-3) who vide report Ex. P-5 has opined that she was subjected to rape. After completion of investigation, charge-sheet was filed by the police under section 376 IPC. Court below however framed the charge under Sections 363, 366 and 376 IPC.

(3.) In order to prove the guilt of the accused/appellant, prosecution has examined 07 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 his guilt and pleaded innocence and false implication in the case.