MOTILAL Vs. STATE OF C.G

JUDGEMENT

(1.) HEARD. This appeal is directed against the judgment of conviction and order of sentence dated 20-11-2003 passed in Sessions Trial No. 73/2003 by the 2nd Additional Sessions Judge, Raigarh, District Raigarh (C.G.), whereby the said Court after holding the Appellant guilty of the offence punishable under Section 376 I.P.C., sentenced him to undergo R.I. for 7 years and to pay a fine of Rs. 500/-, in default of payment of fine, to further undergo R.I. for 3 months. However, the present Appellant and his son namely Rohitlal (accused) both were acquitted under Section 498-A of I.P.C.

(2.) THE case of the prosecution is that the prosecutor namely Gouri Bai (P.W. 15), was married to accused No. 1 Rohitlal on 30.6.2001. Since then, she was residing with her husband and father-in-law (both the accused persons) in their house at village Jorapali which is at a distance of 5 K.Ms. from village Aurada, which is the native place of the prosecutor where her parents reside. She lodged a First Information Report (Ex. P.8) on 03.03.2003 that just after 6-7 months of the marriage; the accused persons were treating her with cruelty on account of demand of dowry. THEy were demanding a Cooler, T.V. and Motorcycle and on such pretext, some times, she was beaten by the husband. She also made allegations that on a particular day (on some Thursday), when her husband had gone for his works and she was all alone in the house and was cooking food, her father-in-law (present Appellant) came to her and forcibly threw her on the floor by overpowering her and thereafter he removed her Saree and petticoat, gagged her mouth and committed forcible sexual intercourse against her. When her husband came back, she narrated the story to him, who said that she is making false allegations on his father. She also mentioned in the F.I.R. that she had narrated this story to the villagers. She further mentioned that on the last Thursday i.e., 27th Feb. 2003 when her mother came to her village for meeting her, then, she narrated the incident to her, thereafter, she went back to her own village, informed the incident to the father and some persons from her parents place came to village Jorapali and a Panchayat was convened. When nothing was resolved in Panchayat, she lodged the report on 30.03.2003. On this report, the investigation commenced, the prosecutor was sent for medical examination by Ex. P.10. She was examined by Dr. J. Ekka (P.W. 18), who prepared her report Ex. P.10-A. According to the report, every thing was normal. She opined that no definite opinion can be given regarding rape. THE petticoat of the prosecutor was seized on 03.03.2003 under Ex. P.12. THE Appellant was arrested. He was also sent for medical examination under Ex. P.14 and was examined by Dr. Anil Gupta (P.W. 19), who prepared his report Ex. P.14-A. According to his report, the Appellant was capable of performing sexual intercourse. THE site plan of the place of occurrence was prepared by the I.O. under Ex. P.7. During the course of investigation, many big and small utensils, household articles, plastic chairs, Portable T.V. Set along with Bicycle etc., were seized showing them to be the Shri Dhan and after completion of usual investigation, the charge sheet was filed against the Appellant and co-accused Rohit Kumar in the Court of C.J.M., Raigarh, who committed the case to the Court of Sessions, from where it was received on transfer by the Court of 2nd Addl. Sessions Judge, Raigarh.

(3.) THE conviction of the Appellant is based upon the testimony of the prosecutor Gouribai (P.W. 15). THE Sessions Court recorded a finding that she is a fully reliable witness and the story set forth by her is proved beyond reasonable doubt so as to pass a judgment of convicting against the Appellant.