NAGESHWAR KUSHWAHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 14.08.2002 passed by the Second Additional Sessions Judge, Ambikapur, District Surguja (C.G.) in Sessions Trial No. 381 of 2000, whereby the Appellant stands convicted and sentence as under:- Conviction Sentence Under Section 376(1) of Indian Penal Code (hereinafter referred to as the 'IPC') R.I. for three years and pay a fine of Rs.10,000/-, in default of payment to further undergo R.I. for nine months.

(2.) Facts of the case in brief are that on 19.09.1999 at about 07:00 pm when prosecutrix, aged about 16 years, was at kitchen garden (Kyari) in the backside of her home, accused/appellant Nageshwar caught hold of the prosecutrix, threw her on the ground and committed forcible sexual intercourse against her and the accused/appellant promised the prosecutrix that he will marry her. Thereafter, the appellant on the pretext of marrying with the prosecutrix continued physical relations with the prosecutrix from September, 1999 to March, 2000. Later on, the appellant and his family member were demanding cash of Rs.40,000/- and land situated at Wadrafnagar as dowry for performing the marriage of the appellant with the prosecutrix. The Panchayat was convened to resolve the dispute between the prosecutrix and the appellant regarding their marriage. After the panchayat, the appellant denied for marrying the prosecutrix. Then, the written report Ex.-P/1 was lodged by the prosecutrix on 21.07.2000 at police station Basantpur against the accused/appellant. On the basis of written report (Ex.-P/1), F.I.R. (Ex.-P/2) was registered on the same day against the accused/appellant. During investigation, the investigating officer prepared spot map vide Ex.-P/5; documents of village panchayat meetings and applications submitted by the prosecutrix and the appellant were seized vide Ex.-P/7. The prosecutrix was sent for medical examination to Comunity Health Centre, Wadrafnagar vide Ex.-P/13A. The prosecutrix (PW-1) was medically examined by PW-10 Dr. Manju Ekka and she gave her report Ex.P/13. As per report (Ex.-P/13), Doctor mentioned that the axillary hair and breast of the prosecutrix were well developed and no sign of any injury was found. Her vagina and pubic hair were well developed and no sign of injury was found on her thigh around the vagina. According to the Doctor, it appears that the sexual intercourse was done with the consent of the prosecutrix.

(3.) After completion of investigation, charge-sheet was filed by the police on 13.11.2000 for the offence under Section 376 of IPC. However, the trial Court framed the charge against the accused/appellant under Section 376(1) of IPC which was denied by him and he prayed for trial.