LALLU RAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant would call in question the legality and validity of the impugned judgment dated 19.8.2015 passed by the Additional Sessions Judge (FTC), Bilaspur in Special ST No.54/2014 whereunder he has been convicted for offence under Sections 4 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the Act, 2012') and under Section 450 of the IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.4,000/­ and to undergo RI for 4 years and to pay a fine of Rs.1,000/­, with usual default stipulations, respectively.

(2.) Prosecution case, as appearing from the material available on record, is that at about 5 pm on 4.5.2013, the appellant committed house trespass by entering into the house of the prosecutrix and on the pretext of seeking water, he bolted the door from inside, pushed the prosecutrix on the ground, undressed her and committed forcible sexual intercourse. After some time, her parents called the prosecutrix on which she came out of the house weeping and when the parents asked her as to the reasons for her weeping, she disclosed them about the act committed by the appellant. At this point of time, the appellant was in other room and fled away.

(3.) FIR (Ex.­P/1) was lodged at about 20.50 hours on the date of incident itself. The prosecutrix was medically examined by (PW­11) Dr. Neha Lal, who submitted the medical report (Ex.­P/9) opining that on external examination the prosecutrix was not found to have any signs of struggle or injury. She did not accord any definite opinion about commission of rape but she found the prosecutrix complaining of pain in vagina. After recording case diary statements of witnesses, charge sheet was filed for commission of offence under Sections 450 and 376 (2) of the IPC and Section 4 of the Act, 2012.