AJAY KUMAR LAWASKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 16.6.2011 passed by the Additional Sessions Judge, Sakti, District Janjgir Champa (CG) in S.T. No.90/2010 convicting the accused/appellant under Sections 376 (2) (g) & 302/34 of the Indian Penal Code (for short 'the IPC') and sentencing each of them to undergo RI for 10 years with fine of Rs.2,000.00 and RI for life with fine of Rs.2,000.00 respectively.

(2.) The prosecution case, in brief, is that deceased prosecutrix, aged about 14 years, was residing with her aunt Narbada Bai (PW-1) in village Bhagodih. On 23.3.2010 at about 9 in the morning she had gone to the field to graze the cattle and returned from there at about 12.30 in the afternoon. She again left the house for the field leaving dung in the house and when she did not return till 2 pm, her aunt went in search of her. Said Narmada Bai while searching her reached at Bahra Well where he found sitting accused/appellant Ajay Suryavanshi, however, she did not find the deceased there and therefore she returned home. After some time she again went to the field in search of the deceased prosecutrix along with her daughter Ganga where he saw the deceased prosecutrix lying in a dead condition near the bund. Bllood was coming out from her private part and a kerchief was wrapped around her neck. At the instance of Tilakdas (PW-2), Merg Intimation (Ex.P-1) & FIR (Ex.P-24) was registered. Inquest on the body of deceased was prepared vide Ex.P-9 on 24.3.2010. Body was sent for post-mortem examination which was conducted by Dr. P. Singh (PW-8) & Dr. Seema Nandini Choudhary (not examined) vide Ex.P-14 and they noticed following injuries and symptoms on the body of deceased;-

(3.) After completing investigation, the challan was filed against the accused persons for the offence punishable under Sections 376 (2) (g) & 302/34 of Penal Code and accordingly the charges were framed by the trial Court against them. The prosecution in order to substantiate its stand, examined 13 witnesses and exhibited a number of documents. Statement of accused/appellants were recorded under Sec. 313 of Crimial P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication in the crime in question.