VASUDEO GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred by the appellant under Sec. 374 (2) of the Code of Criminal Procedure, 1973 against judgment dtd. 6/4/2005 passed by learned Additional Sessions Judge, Dhamtari, Camp- Raipur (C.G.) in Sessions Trial No. 217/2004, whereby the appellant stands convicted and sentenced as under:- Conviction: U/s 376 (1) of IPC Sentence:- R.I. for 7 years and fine of Rs.200.00 and in default of payment of fine, additional R.I. for 1 month. Conviction: U/s 342 of IPC Sentence:- R.I. for 6 months. (Both the sentences are directed to run concurrently)

(2.) The case of the prosecution, in brief, is that on 21/5/2004, the victim was alone in her house and at that time, the accused came there and asked her whether she would go to shop and when the victim asked him for money to go to the shop, the appellant caught hold her hand, forcibly dragged her to his house where he removed his own clothes as well as the victim clothes and committed sexual intercourse with her without her will and thereafter, he locked her inside the room of his house, tied her hands and legs and stuffed cloth into her mouth. The information regarding the incident was lodged at Police Station Arjuni, upon which an offence was registered and investigation was conducted. After completion of investigation, the charge-sheet was submitted before the Court of Chief Judicial Magistrate, Dhamtari. The case was committed to the Court of the Sessions Judge, Raipur for trial. Learned trial Court vide its judgment dtd. 6/4/2005, convicted and sentenced the appellant as mentioned in paragraph No. 1 of the judgment.

(3.) The prosecution, in order to bring home guilt of appellant, has examined 19 witnesses namely the victim (PW-1), Kalendri Bai (PW-2), Kartikram (PW-3), Pusauram (PW-4), Rameshwar Kurre (PW-5), Ramkrishna (PW-6), Fulsai Uraon (PW-7), Dhavalram (PW-8), Krishna Kumar (PW-9), Satyanarayan (PW-10), Smt. Aasha Tripathi (PW-11), Angeshwar Netam (PW-12), Tukaram Sahu (PW-13), Hridayram Devdas (PW-14), Bhagatram (PW-15), Sanjay Lanje (PW-16), Anil Yadu (PW-17), Dr. C.B.S. Banjare (PW-18) & U.R. Diwan (PW-19) and exhibited documents namely FIR (Ex. P/1), consent letter (Ex. P/2), property seizure memo (Ex. P/3), map (Ex. P/4), memorandum (Ex. P/5), property seizure memo (Ex. P/6), crime detail form (Ex. P/8), property seizure memo (Ex. P/9 to P/11), doctor 's report (Ex. P/12), property seizure memo (Ex. P/13 to P/14), dakhil kharij register (Ex. P/15C), memo of P.S. Arjuni (Ex. P/17 & P/18), memo of P.S. Arjuni (Ex. P/19), doctor 's report (Ex. P/20), memo of P.S. Arjuni (Ex. P/21 & P/22) & FSL report (Ex. P/23).