BALLA @ BALKUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 16.5.2001 passed by the Sessions Judge, Rajnandgaon in Sessions Trial No.11 of 2001 convicting and sentencing the accused/Appellant as under: <FRM>JUDGEMENT_106_LAWS(CHH)1_2018_1.html</FRM>

(2.) Case of the prosecution, in brief, is that on 8.12.2000 at about 7:00 p.m., the prosecutrix (PW1), a minor girl was alone at her house. She was cooking food. Her Nani (grandmother) Thaganbai (PW2) had gone out of home for attending the call of nature. She had closed the door of the house from outside. It is alleged that the Appellant, after opening the door, entered the house of the prosecutrix. He caused the prosecutrix to fall down and thereafter gagging her mouth, committed forcible sexual intercourse with her. Thaganbai returned home and shouted at the door. Then the prosecutrix opened the door from inside. Thaganbai, having seen the Appellant, shouted "Chor Chor". The Appellant, pushing Thaganbai away, fled. On being searched, the Appellant was not found. The prosecutrix told about the incident to Thaganbai and other persons. Next day, i.e., on 9.12.2000, the prosecutrix lodged First Information Report (Ex.P1). She was medically examined by Dr. Jyoti Sadani (not examined by the prosecution) on 9.12.2000.

(3.) In support of its case, the prosecution examined as many as 11 witnesses. Statement of the Appellant was also recorded under Sec. 313 of the Code of Criminal Procedure in which he denied the circumstances appearing against him, pleaded innocence and false implication. No witness has been examined in his defence.