SAKHA RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31.07.2002 passed in Sessions Trial No. 238/2000 by the First Additional Sessions Judge, Kanker, District: Kanker (C.G.), whereby the Appellant has been convicted and sentenced as mentioned below:

(2.) Facts of the case are such that at the time of incident, the age of Prosecutrix (PW-01) was about 18 years. On 05.04.2002, at night, prosecutrix and her friend Kumari Suhata (PW-02) were going to the marriage ceremony to perform dance. At around 10:00 P.M. they were going towards dam for cleaning their teeth, during that time the Appellant came to the spot and told Kumari Suhata (PW-02) to return back and thereafter he forcibly committed sexual intercourse with the prosecutrix and ran away. When the prosecutrix didn't return back to the place of marriage, her brother Sahadev (PW-04) came to the spot, during that time one Shanti Bai and present Appellant also came to spot and at that time prosecutrix narrated the entire incident to his brother Sahadev. Then quarrel took place between Sahadev and the Appellant. Thereafter the matter was reported by prosecutrix vide Exhibit P-1. From the spot some broken bangles of prosecutrix were recovered vide Seizure Memo Exhibit P-4. Prosecutrix was medically examined by Dr. Smt. Hemlata Sahu and her report is Exhibit P-09. Statement of Prosecutrix and other witnesses were recorded under Section 161 of the Cr.P.C. After completion of investigation, charge-sheet was filed. Charges were framed by the Trial Court. As many as 11 witnesses have been examined. Statement of the Appellant under Section 313 of the Cr.P.C has been recorded, wherein he has pleaded his innocence and false implication in the matter. No defence witness has been examined.

(3.) After trial, the Trial Court has convicted and sentenced the Appellant as mentioned in the first paragraph of this judgment. Hence, this appeal.