SURESH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment of conviction and order of sentence dated 24th april, 2004 passed in S. T. No. 68/04 whereby learned Additional Sessions Judge, Raipur has convicted the appellant under Sections 376, 506-II of the Indian Penal Code and sentenced him to undergo RI for seven years, pay a fine of Rs. 3,000 and to undergo ri for two years, pay a fine of Rs. 1,000, respectively and in default of payment of fine to undergo additional RI for one year and six months, respectively. Both the sentences have been directed to run concurrently.

(2.) CASE of the prosecution, in brief, is that on 13. 12. 2003 the appellant, who is resident of village Morwa, Distt. Raipur, the village of maternal uncle of the prosecutrix, went to village Dadicoat where prosecutrix resides with her parents, by his motorcycle. He visited house of the prosecutrix, sat there for a while and thereafter, came out. The parents of the prosecutrix also came out with the prosecutrix to see him off and after her parents entered in the house and the prosecutrix was to enter the appellant asked her to show the house of one Dev singh Satnami and took her on his motorcycle. After some time he took the prosecutrix on his motorcycle to village Chhura, purchased a shawl and thereafter, while taking the prosecutrix to her home he turned towards Pendripani forest and forcibly raped her there. When the prosecutrix tried to raise alarm, he gagged her mouth and threatened with life and thereafter, brought her back to her house on his motorcycle. The prosecutrix narrated the incident to her mother, however, the accused fled from there leaving his motorcycle. Thereafter, First Information Report of Ex. P/1 was lodged by the prosecutrix on 13. 12. 2003 at about 22. 00 hours in the Police Station-Chhura.

(3.) DURING investigation the prosecutrix was sent for medical examination to Community Health Center, Chhura where Dr. Saroj Gandharva examined her and gave her report of Ex. P/8. The underwear of prosecutrix was taken into possession vide Ex. P/3. School admission register of the prosecutrix was taken into possession vide Ex. P/9 and copy of relevant page of the school admission register is Ex. P/10-C. Vaginal slides of the prosecutrix were taken into possession vide Ex. P/11. The seized articles i. e. vaginal slides and underwear of the prosecutrix were sent for chemical examination to Forensic Science Laboratory, Raipur vide ex. P/12. The appellant was also medically examined by Dr. A. K. Mishra (PW12) and his medical report is Ex. P/14.