AJJURAM DESHMUKH SON OF LATE TILAKRAM DESHMUKH Vs. STATE OF CHHATTISGARH THROUGH STATION HOUSE OFFICER

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 11.09.2014 passed by Special Sessions Judge, Balod in Special Sessions Trial No. 48/2013 convicting the accused/appellant under Sections 376 (1) and 506-II IPC and sentencing him to undergo rigorous imprisonment for ten years with fine of Rs. 25,000/- u/s 376 (1) and rigorous imprisonment for one year u/s 506-II IPC, plus default stipulations.

(2.) Facts of the case in brief are that on 04.07.2012, FIR (Ex. P-3) was lodged by the prosecutrix aged about 14 years at the relevant time alleging that on 16.06.2012 at 2 PM when she was standing near the shop of one Shankar Deshmukh, accused/appellant came there, gave her Re. 1/- for getting disposable glass and when she was returning after handing over the said item, he caught hold of her, shut her mouth, took inside, made her lie on the cot, up-turned her skirt, slid down her underwear and committed forcible sexual intercourse with her even after the resistance being made. It is alleged that as the accused had threatened her of life, she did not report the matter to the police immediately. Based on this FIR, offences under Sections 376, 506-II IPC and 3 (2) (v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) (for convenience "the Special Act") were registered against him. Prosecutrix was medically examined by Dr. Manjulata Ganwre (PW-1) who gave her report Ex. P-1. Evidence of this witness shows that hymen of the prosecutrix was ruptured and old tear was present on it and her age at the relevant time has been opined to be 14-15 years. For exact determination of age, this witness had referred the prosecutrix for radiological examination. The Court below framed the charge against the accused/appellant under Sections 376, 506-II IPC and 3 (2) (v) of the Special Act.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 09 witnesses in support of its case. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case.