MUKESH YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 2.1.2013 passed by the Special Judge, Janjgir-Champa in Special Sessions Trial No.124 of 2012, whereby the Appellant has been convicted and sentenced as under:

(2.) Facts of the case, in brief, are that on the relevant date, age of the prosecutrix (PW1) was below 12 years. On 24.3.2012, at about 1:00 p.m., she was going along with her sister Ganeshi (PW6) to the field of Village Medapali. Allegedly, the Appellant threw down the prosecutrix in the field and committed forcible sexual intercourse with her. Having seen the Appellant lying over the prosecutrix, Ganeshi (PW6) went to her village to call her mother Dhanbai (PW7). Before reaching Dhanbai (PW7) at the spot, the Appellant had already committed rape with the prosecutrix and he was trying to run away from there. Dhanbai (PW7) and other persons saw the Appellant and caught him. Before them, the Appellant accepted his guilt and thereafter ran away from there. First Information Report (Ex.P1) was lodged by the prosecutrix. She was medically examined by Dr. P.C. Jain (PW14). Her report is Ex.P26. The Appellant was also examined by Dr. G.L. Miri (PW11). His report is Ex.P16. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. With regard to age of the prosecutrix, dakhil-kharij register (Ex.P4) was also seized. According to the entries made in Ex.P4, date of birth of the prosecutrix is 25.4.2000. On completion of the investigation, a charge-sheet was filed against the Appellant. Charges were framed against him under Section 376(2)(f) of the Indian Penal Code and Sections 3(1)(xii) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (henceforth 'the Act').

(3.) In support of its case, the prosecution examined as many as 15 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the Appellant denied the guilt and pleaded innocence. No witness has been examined in defence.