VAKIL BHATARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 24.01.2008 passed by XI Additional Sessions Judge (F.T.C.), Durg in Sessions Trial No.168/2007 convicting the accused/appellant under Sections 376, 354, 450 of IPC and sentencing him to undergo R.I. for 12 years with fine of Rs.10,000/-, R.I. for 1 year with fine of Rs.10,000/- and R.I. for 3 years with fine of Rs.1,000/- respectively, plus default stipulations.

(2.) Brief facts of the case are that on 30.07.2007 (it should have been 31.07.2007) at 1.00 PM in the night, F.I.R. (Ex.P/10) was lodged by the Prosecutrix (PW/5), married lady aged about 35 years, alleging in it that in the night intervening 30-31/07/2007 her husband had gone out of village to see her sister. When she was sleeping in her house along with her two children, the accused/appellant entered her house, gagged her mouth, gave fist blow on her head, removed her saree, petticoat and his own clothes and committed forcible sexual intercourse with her. It has been further alleged that when she raised cries, her son Avon Joshi (PW/6) who was sleeping in the nearby room came there and after seeing him and her daughter, the accused/appellant fled away from the spot. Based on this, FIR (Ex.P/10) for the offence under Sections 456 and 376 IPC was registered against the accused/appellant. The prosecutrix was medically examined vide Ex.P/1 on 30.07.2007 at 6.45 pm by Dr. (Smt.) Ujjwala Dewangan (PW/1), however, no external and internal injury has been found on her body. The accused/appellant was also medically examined vide Ex.P/5 on 01.08.2007 and found to be capable of performing sexual intercourse.

(3.) After investigation, charge sheet was filed against the accused/appellant under Sections 450 and 376 IPC, however, while framing the charge the trail Court has framed the charge under Sections 450, 376 and 354 IPC against the accused/appellant.