BUDHARU SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 06.05.2010 passed by Sessions Judge, Dhamtari (C.G.) in Session Trial No. 07/2010, wherein the said court convicted the appellant for commission of offence under Sections 376 (1) of IPC , 1860 and sentenced to undergo R.I. for 8 years and fine of Rs. 5000/- with further default stipulations.

(2.) In the present case, prosecutrix is PW-1. As per version of the prosecution, the appellant committed rape on prosecutrix for more than one occasion due to which she conceived. It is further case of the prosecution that the prosecutrix is mentally weak that is why she is unmarried. When she informed about the incident to her mother, a social meeting was called in the village and thereafter matter was reported to police authorities. The appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under:- (i) The appellant has already taken the family planning scheme on 14.07.1976. The appellant has also filed the document as Ex.D/2, therefore, pregnancy on part of the appellant is not possible. (ii) The trial court has not considered contradictory statement of the prosecution witnesses. The medical evidence against the appellant is not corroborating, therefore, finding arrived at by the trial court is not sustainable. (iii) There is delay in lodging the report which caused doubt on case of the prosecution. (iv) The trial court has not considered statement of Rajesh (DW-1) & Budharu Sahu (DW-3), therefore, finding arrived at by the trial court is liable to be reversed.