ASHWINI RAATRE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant in this appeal is challenging the legality, validity and propriety of the judgment dated 17.7.2006 passed by the Additional Sessions Judge, (FTC), Raipur in Sessions Trial No. 196/2006 convicting the accused/appellant under Sections 363 and 376 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for three years with fine of Rs. 200, and rigorous imprisonment for seven years with fine of Rs. 300 respectively with default stipulations.

(2.) Brief facts of the case unfolded by the prosecution are that on 19.3.2006 at about 2.30 p.m. prosecutrix (PW12) was taken by the appellant from Imlibhata to village Tarashiv, Tilda, Bhatapara and ultimately to Itwari (Nagpur). Missing report Ex. P12 was lodged on 21.3.2006 by Ganesh Ram (PW13), the father of the prosecutrix. Further case of the prosecution is that on 27.3.2006 the prosecutrix was brought back to her village by her brother-in-law and other relatives and thereafter on 29.3.2006 her statement was recorded by the police in which she stated that at Nagpur the appellant and she herself stayed for two nights where appellant subjected her to rape. On the basis of this statement of the prosecutrix, the Station House Officer of police station, Kharora registered the offences punishable under Sections 363, 366, 376 and 506 of the Indian Penal Code, against the appellant, vide FIR Ex. P20. Thereafter, on 29.3.2006 she was sent for medical examination to Community Health Centre, Tilda where Dr. Mina Samuel (PW17) examined her and vide medical report Ex. P22 she opined that hymen of the prosecutrix was ruptured, two fingers easily entered her vagina, and as the prosecutrix was habitual to sexual intercourse, no definite opinion regarding instant sexual intercourse could be given.

(3.) So as to prove the guilt of the accused, prosecution has examined as many as 17 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case.