FIROZ KHAN Vs. STATE OF CHHATTISGHARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 27.3.2010 passed by Additional Sessions Judge Baloda Bazar, District Raipur in Sessions Trial No. 11/2009 convicting the accused/appellant for the offences punishable under Sections 363, 366 and 376(1) IPC and sentencing him to undergo RI for seven years with fine of Rs. 100/- on each count, plus default stipulations. Facts of the case in brief are that on 15.2.2009 at 11.35 p.m. FIR Ex. P-3 was lodged by the prosecutrix (PW-3) aged about 16 years to the effect that on that day at about 6.30 p.m. she had gone to bus stand to purchase some book and when she did not get the same, she proceeded to participate in a Satsang on her bicycle. At that time, accused/appellant who happened to be her neighbour, met her on the way and asked as to where she was going on which she informed him that she was going to her mother in Sasti temple. Thereupon, accused/appellant told her that he had seen her mother going towards her house and as he was also going to his house, he offered her to drop her too at home. Thereafter, by making her sit on the bicycle he took her towards canal and during this period she jumped off the bicycle twice but he did not let her escape by catching hold of her hand. He then took her to Kokri road - an isolated place and as it was complete dark and nobody was there she did not raise any hue and cry. After taking her to the house of one Khemu, he bolted the door from inside, forcible removed her salwar and underwear, threw her on the bed and committed forcible sexual intercourse with her. It is alleged that the prosecutrix was subjected to rape by the accused/appellant twice. Thereafter, leaving her bicycle there itself, she managed to escape and after reaching home narrated the entire incident to her parents and then matter was reported to police. Based on this report, offence under Sections 363, 366 and 376(1) IPC was registered against the accused/appellant, prosecutrix was medically examined on 16.2.2009 vide Ex. P-13 and after completion of investigation charge sheet was filed by the police on 25.3.2009 under the same sections and charge framed by the Court below accordingly.

(2.) In support of its case the prosecution has examined 09 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he pleaded his innocence and false implication in the case.

(3.) After hearing the parties, the Court below convicted and sentenced the accused/appellant as mentioned above.