KESARAM, S/O MILAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 18.5.2001 passed by the Special Judge (SC/ST Act) and Additional Sessions Judge, Jagdalpur in S.T.No.502/2000 convicting the accused/appellant under Section 376 (2)(g) of IPC and sentencing him to undergo RI for 10 years and to pay a fine of Rs. 3,000/- with default stipulation.

(2.) As per prosecution case, in the night intervening 1st and 2nd October, 2000 when the prosecutrix was returning along with number of other village girls and boys to her village after watching folk dance, on the way she was apprehended by the appellant, who was accompanied by 7-8 boys, and he dragged her towards a nearby field and committed forcible sexual intercourse with her. According to the prosecutrix, the other girls accompanying her were also taken by other boys and they too were subjected to forcible sexual intercourse by those boys whereas the boys who were accompanying her fled from the spot. On 5.10.2000 FIR (Ex.P/5) was lodged by the prosecutrix under Section 376 of IPC against unknown person. On 7.10.2000 the police apprehended the appellant and one juvenile accused. The prosecutrix was called and it is said that the prosecutrix in presence of police identified the appellant to be the perpetrator of the crime. She was medically examined vide Ex.P/1 on 6.10.2000 by PW-6 Dr. Smt. A. Kachha who found no injury, external or internal, on her person and that she was habitual to sexual intercourse. The appellant was also medically examined vide Ex.P/3 on 8.10.2000 by PW-7 Dr. KS Paikra and he was found to be capable of performing sexual intercourse. While framing charge, the trial Judge framed charge under Section 376(2)(g) of IPC against the appellant.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 8 witnesses. Statement of the accused/appellant was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.