IG—7S 311^1 ?ff Ri-fi'h ^IT 5H^?T ^lN? 3^^ •^WW-'i, ^WIS, Rl<?i|tiy '41*1dl *MI°b...C'^..^...^(?.,.4^4G-C^ an^?r ^ra^ (ijdf^nqET) <hi<ii<n<il*i ^rm^f^^3t ^Rq-^R i?3ifimaffli?i APPELLANT; i Phekoo Ram © Mathura Sai, S/o Dukhiran'. Yadav, aged 32 year-s, R/o Dongartaroi, P.5. Katghora, District: Bilaspur. - Versus RESPONbENT: State of AAadhya Pradesh (now Chhattis9arh), Through - Police Station Katghora, District BilasDur. (Crimina! appeal ur^|der Section 374 (2) of the Cr.P.C.) IShri L.C. Bhodoo & 2S-6-2007:- Hon'ble Shri Dhirendra Mishra. JJ. di, Advocate, appears on behalf of 5m" Smt. Nisha Chaturv4< '.iron Jain, Advocate for tti^ Shri Akhil A'Jshra, Po^iel Lawyer for the State/respondent. Oral Judgment dictat^d on Dws. r ^ti^ t This appeal is direc-t^d against the judgment of conviction and Z4th October, 1997 passed by the 5th order ef sen ^ / 3II^?I Vf |t,-li'h "^fT SH^T Sti+liqi TSET •^ww-it, •a'^wie, Riciiyy NIH^I **<!* an^?r''isra; C^f^^i) •W^ 200 Additional Sessions Jud< learned Additionai "Sess appell.ant guilty' for comml t.P.C., sentenced him to 1 Rs.5,000/-, in default of ? |e, Bilaspur, in 5.T. No.422/96 whereby lons Judge after holdinq the accused/ fesion of offence under Section 376 of the ul'tder'go R.I. for 14 yea-s & to pay a fine of |oyment of fine to further undergo R.I. for The case of the pre^ Phekoo Ram was committ) months prioi" to 5-6-96. along with her children prosecutrix used to sleep came in a drunken conditl after- tiireatening her »!• disclose to anybody sls^ commit rape on the pri^ Ultimately, fetus was aboi reported by the prosecu*^ regis+ering the case for tiie I.P.C. under Ex.-P/l, fetus of the prosecutrix. the fetus by t)r. 6.5. Kan^ prose^utrix was sent foi^ q)l<lT^114lt TT1T^f ^fe^ '<1<1^,1< '^'sfRmsn^r sscution, in brief, is that accused/apj jng rope on the prosecutrix for fhe last 7 ^Vife of the accused &ooj Bai used to sleep ih the Parchi of their house whereas, the fnside the room. In one night, the accused on and committed rape on the prosecutrix {i dire consequences if she would object or ;. Thereafter, tiie sccused continued to >secutrix, thereby she became pregnsnt. tted on 7-6-96. Thereafter, the mdtter was \rix in the Po'ice Station Katghora. After clommission of offence under Section 376 of fanchanama Ex.-P/S was prepared regarding The postmortem Ex.-P/4 was conducted on ror, Assistant Surgeon, PHC, Katghora. The medical examination under Ex.-P/S. The b XI-He—78 3TI^?IW Ri-ii'* ?fS^ 3TT^T sh.+1 3^ ^nw^, •a-^ww, Ririiyy MWvit sb*41ch "^ 200 3ii^?r inra; ('pf^i?ET) ^il<tl<'1<fll *1H<^ Tf,fS1[3l' Tf^R^R <HftlH ^1^1 mediccl examination of the^ accused was conducted by Dr. S.N. Pandey aid he prepared the repor^ Ex.-P/lO. After completion o^ agsinst the accused in th Katghora, who in turn coj Bilaspu" from where learn case o" transfer. the investigation, charge sheet wcs filed |e Court of Judiciol AAagistrate, 1 Class, [nmitted the case to the Sessions Judge, ed Additional Sessions Judge received the The prosecution in accused examined 9 recorded under Section material appearing against^ that he has been fclsely in^ order to establish the charge cgainst the witdesses. Statement of the accused was $13 of the Cr.P.C. in which he denied the him in the prosecution evidence and stated ^pticated in the crime. Learned Additional counsel for the respect accused as aforementionetl Sessions Judge after hearing learned ye parties, convicted and sentenced the We haye heard lear^ied counsel for the parties. As far as convictio i of the accused under Section 376 of the I.P.C. is concerned, lear-n^d counsel for* the appelleint has not disputed that facK Moreover, peijusal of the evidence of PW-1 Budhwara Bai / .!-_.. and./PW-7 booj Bai, mothi^r of Budhwara Bsi and wife of the accused, 1 XI-HG—78 sn^r ?H Ri'fi'fc 'cT®HSTT^Tsh+iiqi 3:5ET "4l<<l<?»t|, t$Tflti'l(S, fsJcMy^i ^WM sb*<l+ Wt. 200 ai^?r ^ra^; (iyt-t«<<iii) establishes that the accus giving threat that if she he wou'd commit her continuously committed became pregnant. Wheri notice of the 9ensral pub PW-7 t>ooj Bai has raBe the atedor threaten them that he woilld to anybody and they would of Budhwara Bai is corrob) Ram pW-6) who medicalj pregnaicy. Therefore, we judgment of the trial C4i accused/appellant under 5^ Learned counset for) commission of offence thel minimum sentence which ij TD /• ;, uch cases is 7 ye4 96 thereby he is in deten' disputed by learned couns Budhwp;ra-8ai has already wdn'tfed to marry. <ni<il<'i<i1"i *<mn? if.fe^t <1»1^1< ii'aifimani^i s^d comniitted rape on the prosecutrix after wbuld notallow him to haye intercourse, then n'lurder, thereby he committed rnpe, he cn prosecutrix, thereby the prosecutrix fetus was aborted, the fact came to the ic. Thereafter, the matter was reported. •ically stated that the accused used to ki'! them if they would disclose this fact |iot altow him to commit rope. The evidence »rcted by the medical evidence of br. N.D. |y examined Budhwara Bsi regarding her do not find any illegality or infirniity in the lurt to the extent of conviction of the ^ction 376 of the I.P.C. the appellant argued that at the time of prosecutrix was aged 14 y'ears, therefore, :on be awarded under Section 376 of +he srs. The accused is in deten+ion since 11-6- •ion for about 11 years, which has not besn ;! for the Stcte. She further argued that been sent with Pardes! Ram to whom she I-HG—78 sn^iyy h-iw WI SII^I sbli'ti ;C"'j 'Sv^ "i<i<Mi(y>'M, ®Tn<-f'iis,Ri^i'y^ \< N|t<rtl sb*1t<h WI. 200 an^?r 'vsss (iy(-istt{ti) On the other hcmd, supported the Judgntent o-fl pos|ti colne It is admitf-ed sbout 11 years. It has wanted to marry Pardesi l^ so.me. In cross-examinatl come that she has been detention for cdsout 11 opinion that if the accusec^ ulready undergone by him, In the resu!t, the| conviction under Section impose'd on the 11 years. The accused be any other case. "Sd7---| L,G-Bhs>doo | Jadge —— •1 qii<iT<n<<lt ^w<^ ^f^sl' <fal^)<. ^3ifilH3II^F learned counsel for the the trisl Court. s^rit y^ars |tion thnt the accused is in de+ention for 'in cross-examination that Budhwara Bai [am, the accused wcs not agreeable for the |n of the mo+her of the prosecu+rix, it hcs with Pardesi Ram. As the accused is in i, therefore, we are of the considered is directed to be released on the sentence ^•hat will meet ends of justice. appea! partly succseds while maintaining 376 of the I.P.C. Sentence of 14 years is reduced to already undergone i.e. set at liberty forthwith, if not required in Sd/- DHIRENDRA MISHRA Judge •• /