SANJAY SARTHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 21.4.2014 passed by the 1 st Additional Sessions Judge, Sakti, District Janjgir-Champa in Sessions Trial No.57 of 2013, whereby the Appellant has been convicted and sentenced as under:

(2.) Facts of the case, in brief, are that on 9.1.2013, the prosecutrix (PW1), a girl aged about 13 years, had gone along with her friends Manorama (PW8), Monika (PW11), Rama, Preeti and Chandani (not examined) towards the pond of Hirapur to collect wood. At about 1:00 p.m., the prosecutrix was collecting the wood. At that time, the Appellant came there, forcibly caught her hands and dragged her towards a nearby situated dilapidated house where he after threatening her committed forcible sexual intercourse with her. He threatened her that if she tells about the incident to anyone, he will also commit rape with her elder sister. Therefore, she did not tell about the incident to anyone. 2 days prior to lodging of the First Information Report (Ex.P1), the Appellant asked her to marry him threatening that otherwise he will again commit rape with her. Then the prosecutrix told about the incident to her mother and other persons. Thereafter, on 21.1.2013, she lodged the FIR (Ex.P1). She was medically examined by Dr. Rajni Patel (PW12). Her report is Ex.P3. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. During the course of investigation, with regard to age of the prosecutrix, dakhil-kharij register (Ex.P13) was seized. In the said register, date of birth of the prosecutrix is mentioned as 25.12.2001. On completion of the investigation, a charge-sheet was filed against the Appellant. Charges were framed against him under Sections 363, 366A, 376(1) and 506 of the Indian Penal Code.

(3.) In support of its case, the prosecution examined as many as 14 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.