MANGAL DAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The story brought-forth by the prosecution in short is that on 12.09.1997 at about 10 PM the prosecutrix (PW-1) was returning from the neighbourhood after watching TV, accused/appellant met her on the way, dragged her inside his house, tied her to the cot, loosened her clothes, shut her mouth with one of his hands and committed forcible sexual intercourse with her. On the basis of FIR (Ex.P-1) lodged by her on the next day, the offences under Sections 342, 376 and 506-B IPC were registered against the accused/appellant and after completion of investigation challan was placed followed by framing of charge accordingly.

(2.) Learned Court below found the involvement of the accused in the case brought-up by the prosecution and held the accused/appellant guilty for the offences under Sections 342 and 376 IPC and sentenced him to undergo RI for 7 years with fine of Rs.250 under Section 376 whereas for the offence under Section 342 IPC he was just slapped a fine of Rs.250, plus default stipulation, vide judgment impugned dated 06.01.1998 passed in Sessions Trial No.410/1997. The accused however has been acquitted of the charge under Section 506-B IPC. Hence this appeal.

(3.) Counsel for the accused/appellant submits that though the prosecution has utterly failed to prove its case beyond all reasonable doubts yet the Court below has fallen in a serious error in convicting the accused/ appellant under Sections 342 and 376 IPC which is wholly unwarranted. She further submits that even the statement of the prosecutrix does not get corroboration from the other evidence on record but yet the Court below has not considered the same and abruptly recorded its finding holding the accused/appellant guilty for confining the prosecutrix in his house and then committing rape on her, and being so the judgment impugned is liable to be set aside.