SANTOSH KUMAR CHOUHAN S/O SONARAM CHOUHAN Vs. STATE OF CHHATTISGARH THROUGH P S KASDOL, DISTRICT RAIPUR (C G )

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 27.06.2001 passed by II Additional Sessions Judge, Baloda Bazar in Sessions Trial No.52/2000 convicting the accused/appellant under Section 376(1) IPC & sentencing him to undergo R.I. for 7 years with fine of Rs. 500/-, plus default stipulation.

(2.) As per the prosecution case, on 24.10.1999 FIR (Ex.P/12) was lodged by the prosecutrix (PW/1), aged between 17-19 year, alleging in it that on 21.10.1999 she and her friend Nirmala had gone to attend the nature's call and while doing so, the accused/appellant and his friend Om Prakash reached there, the accused/appellant committed forcible sexual intercourse with her, whereas his friend Om Prakash had done the same act with Nirmala. Based on this FIR (Ex.P/12), offence under Section 376 IPC was registered against the accused/appellant, however, as informed, no case has been registered against Om Prakash. The prosecutrix was medically examined vide Ex.P/5 on 25.10.1999 by Dr. (Mrs.) Nihar Bajpai (PW/8) and it has been opined by the Doctor that for the first time prosecutrix was subjected to sexual intercourse about three weeks prior to the incident and the last intercourse appears to have been committed about 5 - 7 days back. For determination of age of the prosecutrix, she was referred to radiologist and as per X-ray report, the age of the prosecutrix was found to be in between 17-19 year. In the incident, panty, skirt of the prosecutrix and underwear of the accused/appellant were seized, the same were subjected to chemical examination and as per FSL report (Ex.P/19), spermatozoa was found on the same. The accused/appellant was also medically examined vide Ex.P/14 on 26.10.1999 and found to be capable of performing sexual intercourse.

(3.) After filing of the charge sheet, the trail Court has framed the charge under Section 376 IPC against the accused/appellant.