SUNDERLAL S/O BUDHRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant stands convicted for the offence punishable under Section 376 IPC and has been sentenced to undergo RI for 7 years and fine of Rs.5000/- with default stipulation vide judgment dated 08.08.2007 passed by the Special Judge (SC and ST) Bastar in Sessions Trial No.49/2007.

(2.) The case of the prosecution is that, the present appellant is said to have on 16.12.2006 caught hold of the prosecutrix in the middle of the field and is said to have raped her. A report in this regard was lodged on the very next day morning on 17.12.2006. Thereafter, on investigation the appellant was arrested and after completion of investigation, the matter was put to trial before the Special Judge (SC and ST), Bastar, and the appellant was charged for the offence under Section 376 IPC. Initially one Hadi and his wife Jayanti @ Itwari was also made accused and were charged for the offence punishable under Section 120-B IPC, but for want of sufficient evidence against them, they were acquitted of the charges, however, the present appellant was found guilty of committing the offence.

(3.) The contention of the appellant assailing the conviction is that the entire prosecution story seems to be a case of false implication and that the present appellant is an innocent person who has been falsely implicated in the case. He further submits that even otherwise if we read the statement of the prosecutrix, it would reveal that she was a consenting party to the physical relationship that she had with the main accused Sunderlal. The appellant tried to refer to the statement of the prosecutrix wherein she has stated that if the appellant would not have snatched the jewelery which she was wearing at the time of incident, she perhaps may not have lodged a report which shows that she was not aggrieved more of the allegation of rape, but she was aggrieved of snatching and looting her jewelery by the appellant. Thus, prayed for setting aside the judgment of conviction and for acquitting the appellant from the charges levelled against him.