STATE OF CHHATTISGARH Vs. SEVAK RAM @ GRAM

JUDGEMENT

(1.) Challenge in this acquittal appeal is to the judgment dated 6-10-1996 passed by the Additional Sessions Judge, Khairagarh (for short 'the trial Court') Session Division Rajnandgaon, (CG) in Session Trial No.38 of 2006 wherein the trial Court acquitted the respondent from the charges under Sections 376(1) and 506 Part II of the Indian Penal Code for commission of rape on prosecutrix and for criminal intimidation to kill her.

(2.) As per case of prosecution, prosecutrix is a resident of Amlidih and used to perform cultivation work. On the date of incident at about 3.00 pm she had gone to fetch water from the Well near the house of the accused. Daughter of the accused called her in her house and was sitting there for about ten minutes and thereafter daughter of respondent left the place by saying that she is going to bring coriander leaves from her garden. Prosecutrix was sitting alone in the house and at the same time respondent dragged her into the room and when she tried to cry he pressed her mouth by his hand and thereafter committed forceful intercourse with her against her will and without her consent. After commission of rape he threatened the prosecutrix that if she would disclose the incident to anyone he will kill her. Due to threat she did not disclose the incident to anyone. When she carried pregnancy of six months, a meeting was organized in the village on 16-3-2006 where she informed about the incident. On report of prosecutrix, first information report Ex.P/1 was recorded. After registration of first information report, prosecutrix and accused were sent for medical examination. Certain documents regarding date of birth of the prosecutrix were seized. After completion of investigation, charge sheet was filed against the respondent. The respondent pleaded innocence and thereafter the trial was conducted. After examination of the witnesses, statement of the respondent was recorded under Section 313 of the Code. After hearing the parties, the trial Court acquitted the respondent as aforementioned.

(3.) Learned counsel for the State submits as under: