SUNIL KUMAR JANGDEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and sentence dated 17.05.2013 passed by the First Additional Sessions Judge, Balodabazar in Sessions Trial No.56/2012, whereby the learned Additional Sessions Judge has convicted and sentenced the Appellant as under:

(2.) Case of the prosecution, in brief, is that prosecutrix (PW-1), before lodging First Information Report (Ex.P-2), had made a written complaint dated 30.10.2012 (Ex.P-1) in Police Station Palari that one year prior to 30.10.2012 she was studying in Xth Standard in the school situated in her village Risda. The Appellant, who was a resident of Village Bharuwadih, used to visit her Village Risda. The prosecutrix and the Appellant were, therefore, acquainted with each other. One year prior to lodging of the written complaint (Ex.P-1), i.e., in the month of June, the prosecutrix went to Village Bharuwadih. The Appellant met with the prosecutrix there. He told her that he loved her and he will keep her as his wife and saying this he took her to his house and committed forcible sexual intercourse with her there without her consent. He continued to commit forcible sexual intercourse with her for about 1 year. When the prosecutrix wanted to return her maternal house, he threatened her of life. He used to quarrel with her. The prosecutrix gave birth to a child (son) as a result of the sexual intercourse committed with her by the Appellant. The age of the son, on the date of making the written complaint (Ex.P-1), was 1 month. As per the written complaint, the Appellant again committed marpeet with the prosecutrix on 29.10.2012. Therefore, the prosecutrix anyhow fled from the house of the Appellant and went to her father's house at Village Risda. Thereafter, she along with her father and other village residents went to Police Station Palari and lodged the written complaint (Ex.P-1). On the basis of her written complaint, Crime No.348 of 2012 was registered against the Appellant under Sections 363, 366, 376, 506, 323 IPC. After obtaining consent (Ex.P-3) from the prosecutrix, her medical examination was conducted and the reports of which are Ex.P-13 and Ex.P-16. Spot maps (Ex.P-4 and Ex.P-5) were prepared. On submitting by the prosecutrix, a photocopy of her mark-sheet of middle school examination (Ex.P-12C) was seized vide Ex.P-7. Underwear of the Appellant was seized vide Ex.P-8. The Appellant was arrested vide Ex.P-9. He was medically examined by Dr. F.R. Nirala (PW-5) and report of the medical examination is Ex.P-10. Vaginal slides of the prosecutrix were prepared and sent to the Forensic Science Laboratory for chemical examination and the report of the FSL is Ex.C1.

(3.) After completion of the investigation, a charge sheet was filed against the Appellant in the Court of Judicial Magistrate First Class, Balodabazar, in turn, the Judicial Magistrate First Class committed the case to the Court of Session at Raipur from where the First Additional Sessions Judge, Balodabazar received the case on transfer.