PANNALAL SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29.10.2003 passed by the 9th Additional Sessions Judge (FTC), Raipur in Sessions Trial No.177 of 1996 convicting and sentencing the Appellant as under:

(2.) Facts of the case, in brief, are that on the fateful day, the Appellant was posted as a Jailer in Sub-Jail, Dhamtari. In January-February of 1995, brother of the prosecutrix (PW22) was lodged in the said jail relating to a case under Section 151 of the Code of Criminal Procedure. It is alleged that the prosecutrix (PW22) along with her husband went to the jail. Thereafter, she went to the house of the Jailer/Appellant. The Appellant called her again on the next day. Thereafter, he sent her husband out to bring some articles and thereafter he committed rape with the prosecutrix. She did not tell the incident to any person due to fear. It is further alleged that the Appellant used to call the prosecutrix at his house frequently. The Appellant and co-accused Mohan Pinjani, Chintamani Rao, Shyam Sunder, Ghevarchand, Shailendra, Ramanuj Sharma and Shailesh used to drink liquor together and they also make the prosecutrix drink liquor and thereafter they used to commit sexual intercourse with the prosecutrix. Later on, the prosecutrix told about the incident to her husband. She lodged First Information Report (Ex.P29). During investigation, 1 desi katta (country-made pistol) of 12 bore, 4 cartridges of 12 bore and other articles were seized from possessions of the Appellant vide Ex.P34. The seized katta and cartridges were examined by Head Constable Krishna Rao (PW21). His examination report is Ex.P28 in which he has opined that the katta was made of 12 bore and was in working condition. He has further opined that 3 cartridges were alive and 1 cartridge was misfired. Sanction for prosecution (Ex.P33) of the Appellant was issued by the Collector/District Magistrate, Raipur. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the present Appellant as well as against co-accused Mohan Pinjani, Chintamani Rao, Shailendra, Shyam Sunder, Ghevarchand, Ramanuj Sharma and Shailesh for offences punishable under Sections 376(2)(g), 506B, 292 of the Indian Penal Code and under Sections 25 and 27 of the Arms Act. Charges were framed against the present Appellant under Sections 376(2)(g), 506 Part II, 292 of the Indian Penal Code and under Sections 25(1B)(a) and 27 of the Arms Act, against co-accused Shailesh under Section 376(2)(g) of the Indian Penal Code, against co-accused Mohan Pinjani under Section 376(2)(g) of the Indian Penal Code, against co-accused Chintamani Rao under Section 376(2)(g) of the Indian Panel Code, against co-accused Shailendra under Section 376(2)(g) of the Indian Penal Code, against coaccused Shyam Sunder under Sections 376(2)(g) and 506 Part II of the Indian Penal Code, against co-accused Ghevarchand under Section 376(2)(g) of the Indian Penal Code and against coaccused Ramanuj Sharma under Section 376(2)(g) of the Indian Penal Code.

(3.) To rope in the accused persons, the prosecution examined as many as 29 witnesses. Statements of the accused persons were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the circumstances appearing against them, pleaded innocence and false implication.