SHOBHARAM @ LALA CHOUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 22.11.2013 passed by the learned Additional Sessions Judge (F.T.C.), Raigarh, District-Raigarh (CG) in Sessions Trial No.69/2013, convicting accused/appellant under Sections 376 (1) & 354 of Indian Penal Code (for short 'IPC') and sentencing him to undergo R.I. for 10 years with fine of Rs.25,000/-, & RI for one year with fine of Rs.1000/-, plus default stipulations.

(2.) The prosecution case, in brief, is this that on 29.1.2013 when the prosecutrix had been to the fields for grazing cattle, at about 12:00 in the noon, the appellant by use of force dragged her to a place near to a bore-well, then after disrobing her forcefully inserted his finger into her private part and then committed rape with her. The prosecutrix PW-1 came back to her house crying, informed her mother about the incident and thereafter consumed some poisonous substance because of which she was admitted in the hospital for treatment. Dr. Rupendra Patel PW-6 gave information to the police regarding consumption of poison by the prosecutrix PW-1 and on that basis information was recorded. Dying declaration (ExP-1) of prosecutrix was recorded by the Executive Magistrate PW-3 Awanti Gupta. On the basis of statement given by prosecutrix PW-1 unnumbered FIR Ex.P.16 was lodged against the appellant. After registering offence, the case was investigated and on completion of investigation, charge-sheet was filed against the appellant.

(3.) Appellant was charged with offences punishable under Sections 376 (1) & 354 of IPC. Appellant denied charges framed against him and prayed for trial. On completion of prosecution evidence, the appellant was examined under Section 313 of CrPC in which he denied all the incriminating evidence appearing against him in the prosecution case, pleaded innocence and false implication. No witness has been examined in defence.