GIRIJA SHANKAR PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) 24/08/2017 As these two appeals arise out of the judgment and order dated 15.06.2001 passed by the Second Additional Sessions Judge, Raigarh in Sessions Trial No. 70/1997 convicting the accused/appellant in Cr. Appeal No. 730/2001 under Sections 363,366 and 376 IPC and sentencing him to undergo RI for five years with fine of Rs. 1,000/- on each count with default stipulation whereas convicting the appellant in Cr.A. No. 863/2001 under Section 363/34 and 366/34 IPC and sentencing him to undergo RI for five years with fine of Rs. 1,000/- on each count with default stipulation, they are being disposed of by this common judgment.

(2.) As per prosecution case, on 17.01.1997, at about 5.00 p.m. prosecutrix left her school, joined the company of appellant Girja Shankar Patel and had gone to the other village. In the village, appellant Ramavtar also joined them and from there they had travelled by truck to Bilaspur where she asked the accused/appellants to take back to her home but they threatened for life and then travelled to Korba by bus to the house of Gangabai, aunt of accused/appellant Ramavatar. As the prosecutrix did not return to her house, on the next date i.e. 18.01.97 missing report Ex.P-13 (C) was lodged by her father Gowrishankar (PW-7) and the entry was made in the rojnamcha sanha. On 25.01.1997 prosecutrix was recovered from the house of Ganga Bai (PW-5) from the possession of accused/appellant Girijashankar. On 26.01.97 FIR Ex.P-7 was lodged by the prosecutrix against accused No.1 under Sections 363, 366 and 376 IPC. She was medically examined vide Ex.P-1 by Dr. Lalita Rajnala (PW-1) and according to her the prosecutrix was carrying pregnancy of 14 weeks. Accused Girijashankar was examined vide Ex.P-5 by Dr.B.S. Chandel (PW-4) and has stated that he was found capable of performing sexual intercourse. After filing of charge sheet, trial judge has framed charge against accused Girijashankar under Sections 363,366 and 376 IPC whereas against accused Ramavtar under Sections 363/34 and 366/34 IPC.

(3.) In order to establish the guilt of the accused/appellants, prosecution has examined 15 witnesses. Statement of the accused/appellants were also recorded under Section 313 of the Cr.P.C. in which they denied the charges levelled against them and pleaded their innocence and false implication in the case. This apart one defence witness has also been examined.