SANTOSH RAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 9.2.2005 passed in Special Case No. 84/04 whereby learned Special Jude, Rajnandgaon has convicted the appellant under sections 376. 452. 342 of Indian Penal Code and sentenced to under go RI for seven years, pay a fine of Rs. 500.00 and in default to undergo additional RI for three months, RI for three years. pay a fine of Rs. 250.00 and in default to undergo additional RI for one month, and to undergo RI for six months, respectively. All the sentences have been directed to run concurrently.

(2.) Case of the prosecution, in brief, is that Rukmanibai Gond lodged a written report on 22.5.2004 with Superintendent of Police, Rajnandgaon alleging therein that on 18.5.2005 her daughter was alone in the house when the accused entered in her house after scaling the wall, wrapped a dupatta over her mouth and eyes, tied her hands & legs with the rope, which he had brought with him and thereafter raped her after undressing her. After committing the offence, he untied the rope and ran away. Her daughter narrated the incident to neighbour Fagnibai. On 19.5.2004 after she heard about it at Dongargarh. she alongwith her sister and daughter went to the house of accused to enquire, whereupon he started quarrelling. However, they did not lodge report on the fear that the whole locality will be defamed. On 20.5.2004 wife of the appellant and her two sisters-in-law beat her daughter and lodged a false report against Lekhsingh. brother of the prosecutrix, In Police Station Dongargarh. When they went to lodge report on 21.5.2004 in the police station, their report was not registered. On 22.5.2004 itself the Superintendent of Police directed T.I., S.H.O. Dongargarh to register the offence and investigate the matter, whereupon First Information Report of Ex. P/9 was registered on 24.5.2004 on the basis of letter produced by the complainant. The prosecutrix was sent for medical examination to District Hospital, Rajnandgaon where Dr. Sushma Kumar((PW-7) examined her and gave her report of Ex. P/8. Vaginal slides of the prosecutrix was taken into possession vide Ex. P/5 and the same was sent for chemical examination to Forensic Science Laboratory, Raipur and report of F.S.L. is Ex. P/ 11. Caste certificate (Ex. P/4) of the prosecutrix was collected. After completing investigation charge sheet was filed in the Court of Chief Judicial Magistrate, Kawardha which was received after committal by the Special Court for trial.

(3.) Eight witnesses were examined by the prosecution during trial. Thereafter, statement of the accused was recorded in which he denied the circumstances appearing against him and pleaded that he is innocent, he has been falsely implicated due to animosity and the witnesses are in as they are interested witnesses. The Trial Court, however, convicted and sentenced the accused as mentioned in paragraph 1 of this judgment.