RAMLAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20.12.2000 passed by 3rd Additional Sessions Judge, Bastar at Jagdalpur (CG) in Sessions Trial No. 383 of 2000 convicting the appellant for the offence punishable under Section 376 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for ten years and to pay fine of Rs. 5,000, in default of payment of fine to further undergo R.I. for one year.

(2.) Facts of the case, in brief, are that FIR (Ex.P1) was lodged on 31.7.2000 in Police Station, Frezarpur by Surajbati prosecutrix (PW1) alleging that before one year from the date of lodging the report when the prosecutrix namely Surajbati (PW1) aged about 19 years was working in the field, the appellant came there and committed rape on her. When the prosecutrix Surajbati told him that she would report the matter to police station, the appellant convinced her on the assurance of marriage. Thereafter, the appellant regularly had sexual intercourse with the prosecutrix as a result of which she became pregnant. Thereafter, a Panchayat meeting was convened in the village in which the appellant accepted the allegation alleged against him and took her with him to his house. During this period, mother of the appellant started making efforts for his marriage. Therefore, prosecutrix Surajbati left for her maternal house and panchayat meeting was again held in which the appellant gave in writing that he would take her with him. Thereafter, the prosecutrix delivered a child who died and again village panchayat was held in which also the accused appellant gave in writing that he would marry the prosecutrix. At last, the appellant did not marry the prosecutrix Surajbati. Therefore, the prosecutrix lodged the report against him on 31.7.2000 at Police Station, Frazerpur on the basis of which crime was registered under Section 376 of the IPC vide F.I.R. (Ex.P1) and the matter was investigated.

(3.) After completion of usual investigation, charge sheet was filed in the competent Court which in turn committed the case to the Sessions Court from where the case was received on transfer by 3rd Additional Sessions Judge, Bastar at Jagdalpur who framed charge against the accused/appellant under Sections 376 of the IPC. The accused abjured the guilt. The learned trial Judge after due trial convicted and sentenced the accused/appellant as mentioned in para 1 of the judgment.