HAZARI PATEL Vs. STATE OF C G

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 12.11.2009 passed by Sessions Judge, Bilaspur (C.G.) in Session Case No. 44/2009, wherein the said court convicted the appellant for commission of offence under Sections 450, 323 & 376(1) of IPC and sentenced to R.I. for 3 years and fine of Rs. 1000/-, R.I. for 6 months and R.I. for 7 years and fine of Rs. 1000/- respectively with further default stipulations.

(2.) As per version of prosecution, on 06.11.2008, the appellant knocked on the door of the prosecutrix at about 10.00 p.m. while she was sleeping with her child in the house. She opened the door assuming that it was knock of her husband. When she opened the door, the appellant pushed her to the ground and then committed rape on her. While committing rape, she had been slapped by the appellant on her resistance. Husband of the prosecutrix came to the hounse when he heard cry of his wife and he saw that the appellant was escaping by removing tin shed of the home. When husband of the prosecutrix tried to get hold to the appellant, the appellant pushed and slapped him and succeeded to run away. The matter was reported and investigated and the trial court convicted the appellant as mentioned above.

(3.) To substantiate the charge, the prosecution examined as many as 10 witnesses. To nullify the charge, the defence side examined one witness namely, Pramod Kumar Yadav (DW-1). The prosecutrix (PW-4) deposed that she was sleeping in the house at about 10.00 p.m. at night and her husband had gone to watch TV in house of his brother. At that time, one knock was there in the door of the prosecutrix and she opened the door assuming that it was knock of her husband. At the same time, the appellant pushed her on the ground and remove her Sari & Peticoat and committed rape on her. When she resisted, the appellant slapped in cheek and she sustained swelling in cheek and left hand. Version of the prosecutrix is supported by version of her husband Premlal Sahu (PW-1). As per version of this witness, on hearing cry of her wife, he reached to the house and saw that the appellant escaping by removing roof of his house. He further deposed that when he tried to get hold of appellant, he pushed and slapped him and succeeded to flee away. Version of this witness is again supported by version of Lalji Satnami (PW-2) who deposed that on hearing cry, he went to house of the prosecutrix and saw that the appellant was got hold there and he flee away from the spot later.