SUNITA PRADHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these two Criminal Appeals arise out of the same judgment and order dated 01.12.2005 rendered by Special Judge (Atrocities), Bilaspur in Special Criminal Case No. 141/2004, they are disposed of by this common judgment.

(2.) The accused/appellants have been convicted and sentenced by the judgment impugned as under:

(3.) As per the case of prosecution, on 13.7.2004 FIR Ex. P-1 was lodged by prosecutrix (PW-1) aged about 15 years at the relevant time alleging that a year prior thereto when she was in her house, accused Chhote Lal came there and after bolting the door from inside removed his and her clothes and committed forcible sexual intercourse with her. It is alleged that after commission of the offence he asked her not to disclose the incident to anyone and also assured of marrying her. This act between the two is alleged to have taken place on 8-10 occasions as a result of which she became pregnant. It is alleged that on 3.7.2004 accused Rudra Prasad came to her and asked for her medical check-up to ascertain as to what was there in her stomach. Her mother however refused to let her go along with him. Thereafter, she along with her mother accompanied accused Chhote Lal, Rudra Prasad and Nem Chand to the house of some woman at Champa where her mother was made to sit outside. It is further alleged that at about 2 AM said woman administered an injection to her as a result of which she became unconscious and after regaining consciousness at about 4 AM she felt her stomach empty and noticed stitches in her private part. In the FIR the prosecutrix has stated that if shown, she would identify the woman who injected her and also her assistant. She, however, was not aware of the name of said woman. Based on this FIR, offences under Sections 376, 313 IPC and 3 (1) (xii) and 3 (2) (v) of the Special Act were registered against accused Chhote Lal, Rurdra Prasad and Nem Chand. Prosecutrix was medically examined on 14.7.2004 by Dr. (Smt.) R. Lalita Rajnata (PW-8) who vide report Ex. P-9 confirming the abortion. On charge-sheet being filed by the police, the trial Court framed the charge against accused Chhote Lal u/s 376 IPC and 3 (2) (v) of the Special Act; against accused Rudra Prasad and Nem Chand u/s 313, 313/149 IPC and 3 (2) (v) of the Special Act; against accused; against accused Moharmati, Shukwara Singh and Sunita u/s 313, 313/149 IPC.