SATISH MESHRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 24.11.2015 passed by the Additional Sessions Judge, Kondagaon in S.T. No.289/2012 whereby the accused/appellant has been convicted under Section 376 of the Indian Penal Code (for short 'the IPC') and sentenced to undergo R.I. for life and fine of Rs.10,000/-, in default to undergo additional R.I. for 02 years.

(2.) As per case of the prosecution, on 16.8.2009 at about 4 p.m. the prosecutrix (PW-1), a minor girl aged about 8 years, was returning home after answering the call of nature from the village pond. Suddenly, the accused/appellant caught hold of hands of the prosecutrix, took her towards the bushes, removed her clothes, made her to lie down and thereafter put his male organ into her female organ as a result she raised cries due to pain. It is further case of the prosecution that while the prosecutrix was being subjected to forcible sexual intercourse by the accused, Smt. Kamlabai (PW-2) reached there and seeing the accused mounted on her, asked him as to why he had done so. This witness had also narrated the entire incident to the mother of the prosecutrix. FIR (Ex.P-2) was lodged on 17.8.2009 at the instance of PW-3, mother of prosecutrix, based on which offence under Section 376 of IPC was registered against the accused/appellant. The prosecutrix was medically examined by Dr. Rajni Thakur (PW-7) on 17.8.2009 vide Ex.P-6. According to the opinion of the doctor, the secondary sexual character of the prosecutrix was not well developed, she had been subjected to sexual intercourse, her hymen was ruptured and her vagina was admitting one finger with pain. She further opined that there were signs of recent sexual intercourse on the private part of the prosecutrix. She also advised radiological examination for ascertaining the age of the prosecutrix. On the basis of ossification test, Dr. Jagat Thakur (PW-6) determined the age of the prosecutrix between 13 and 14 years.

(3.) After completion of investigation, charge sheet was filed against the accused/appellant for the offence punishable under Section 376 of the IPC and accordingly the charge was framed by the trial Court against him. In order to convict accused/appellant, the prosecution examined 07 witnesses in all. Statement of accused/appellant was recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case and pleaded innocence and false implication.