MURLI DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has called in question the impugned judgment of conviction and order of sentence dated 25.10.2005 passed by the Additional Session Judge, Dhamtari, in S.T. No.167/2005 convicting him for the offence punishable under Section 511/376 of the Indian Penal Code (for short 'the IPC') and sentenced him to undergo R.I. for 5 years and to pay a fine of Rs.100/-, in default of payment of fine to further undergo R.I. for one month.

(2.) Facts of the case, as emerging from the prosecution case, in brief, are that the prosecutrix was standing at the door of her house at about 9.00 pm on 11.11.2004. At that time, the appellant came and said the prosecutrix that his aunt is calling her and her sister. The prosecutrix and her sister went to the house of the appellant, where the appellant asked them to sleep on the bed. The appellant, thereafter, entered the room, switched off the light and shut the door. He tried to sleep by the side of the prosecutrix and pull down her underwear, on which the prosecutrix raised alarm and she along with her sister got up from the bed; opened the door; and ran away from the place. The prosecutrix narrated the incidence to her mother whereupon they went to meet the father of the prosecutrix and they lodged the First Information Report (Ex. P/1) at 22.45 hours on the date of the incident itself. The prosecutrix was medically examined. After recording the statement of witnesses and completing other investigation, charge sheet was filed against the appellant for committing offence under Section 376 (2) (f) read with Section 511 of the IPC. The trial Court also framed charges under the said provisions.

(3.) In course of trial, prosecution examined the witnesses namely; prosecutrix (PW-1), Shiv (PW-2), Ku. Purnima Yadav (PW-3), Sato Bai (PW-4), Rupa (PW-5), Dr. Asha Tripathi (PW-6), Vasudev Boi (PW-7), Bhuvneshwar Yadav (PW-8), U. R. Diwan (PW-9), Dr. Y. K. Singh (PW-10), Urmila Jyotima Divakirti (PW-11) & Vasudev Boi (PW-12).