State of Chhattisgarh v. Govinda Das) by the Additional Sessions Judge
Case Details
Page No.1 of 8 IN CRA-670-2023 SAIFAN KHAN Digitally signed by SAIFAN KHAN Date: 2025.04.25 10:41:46 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR 2025:CGHC:18016 NAFR Criminal Appeal No. 670 of 2023 [Arising out of judgment dated 07.12.2022, passed in Sessions Case No.49 of 2021 (State of Chhattisgarh v. Govinda Das) by the Additional Sessions Judge (FTSC), Sakti, District Janjgir-Champa (CG)] Govinda Das, Mangal Das Mahant, aged about 36 years, R/o Village Chhuhipali, Police Station- Dabhra, District- Janjgir- Champa, (Now Sakti), Chhattisgarh ... Appellant (In Jail) Versus State of Chhattisgarh, through Station House Officer, Police Station- Dabhra, District- Janjgir-Champa, (Now Sakti), Chhattisgarh ... Respondent [Cause-title taken from Case Information System (CIS)] --------------------------------------------------------------------------------------------- For Appellant For Respondent --------------------------------------------------------------------------------------------- Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal : Mr. Dharmesh Shrivastava, Advocate Mr. Afroz Khan, Panel Lawyer : Judgment on Board 21 . 04 .202 5 (1) This criminal appeal filed by the accused-appellant under Section 374(2) of CrPC is directed against the impugned judgment of conviction and order of sentence dated 07.12.2022, passed in Sessions Case No.49 of 2021 (State of Chhattisgarh v. Govinda Das) by the Additional Sessions Judge (FTSC), Sakti, District Janjgir-Champa (CG), whereby he has been convicted and Page No.2 of 8 IN CRA-670-2023 sentenced as under:- Conviction U/s. 450 of IPC Sentence Rigorous imprisonment for 05 years with fine of Rs.1,000/- and, in default of payment of fine, additional simple imprisonment for 03 months. U/s. 376(2)(f)(l)(n) of IPC Rigorous imprisonment for 10 years with fine of Rs.1,000/- and, in default of payment of fine, additional simple imprisonment for 06 months. U/s. 506 (Part-II) of IPC Rigorous imprisonment for 01 year with fine of Rs.1,000/- and, in default of payment of fine, additional simple imprisonment for 03 months. [All the sentences are directed to run concurrently] (2) The case of the prosecution, in short, is that on 12.09.2021, in the night at about 11 PM, at Village Chhuhipali, which comes within the ambit of Police Station Dabhra, the accused-appellant with the intent to commit rape with the major victim/prosecutrix
Legal Reasoning
(PW-01), who is differently abled woman, firstly trespassed into her house by breaking the lock and, thereafter, being the close relative of the prosecutrix (PW-01) committed sexual intercourse with her twice without her will and consent and further threatened her to kill if she discloses about the same to anyone and, thereby, said to have committed the aforesaid offences. (3) The further case of the prosecution is that when prosecutrix (PW-01) reported the matter to the police by lodging written complaint (Ex.P/01), FIR (Ex.P/02) was registered by the police against the appellant and wheels of investigation started running, Page No.3 of 8 IN CRA-670-2023 in which, nazari naksha was prepared vide Ex.P/04. Panchnama was also prepared vide Ex.P/05. Statement of the prosecutrix under Section 164 of CrPC was recorded vide Ex.P/25. After obtaining necessary consent vide Ex.P/06, the prosecutrix (PW-01) was subjected to medical examination, which was conducted by Dr. Maduri Chandra (PW-05) and, as per her MLC report (Ex.P/07), it has been opined that no injuries were found over the body of the deceased. Further, victim’s vaginal slides were prepared and handed over to the police for analysis alongwith her axillary hairs, pubic hair and undergarment, which were seized vide Ex.P/10. The accused-appellant was arrested vide Ex.P16 and sent for medical examination. Appellant’s MLC report is Ex.P/09 and his undergarment was also seized vide Ex.P/11. The seized articles were sent for chemical examination and, as per FSL report (Ex.P/21), it has been opined that stains of human sperm/semen were found on the vaginal slide and the undergarment of the victim (PW-01). One broken lock has also been seized from the spot vide Ex.P/12. Thereafter, statements of witnesses were recorded and, after due investigation, the appellant was charge-sheeted for the aforesaid offences in the competent criminal Court having jurisdiction, which was thereafter committed to the Court of Sessions for hearing and trial in accordance with law, in which, the appellant abjured his guilt and entered into defence by stating that he is innocent and has been falsely implicated. Page No.4 of 8 IN CRA-670-2023 (4) The prosecution in order to prove its case examined as many as 16 witnesses and exhibited 26 documents, whereas the appellant in support of his defence neither examined any witness nor exhibited any document. (5) The learned trial Court after appreciating the oral and documentary evidence available on record, proceeded to convict the appellant for offence punishable under Sections 450, 376(2)(f)(l)(n) & 506- Part-II of IPC and sentenced him as mentioned in the opening paragraph of this judgment, against which this appeal has been preferred by the appellant-accused questioning the impugned judgment of conviction and order of sentence.
Legal Reasoning
(6) Mr. Dharmesh Shrivastava, learned counsel for the appellant would submit that the learned trial Court is absolutely unjustified in convicting the appellant for the aforesaid offence. There is no evidence available on record to connect the appellant with the offences in question. The statement of the the prosecutrix is not supported by medical evidence. Even, the main prosecution witnesses, namely, Padma Bai (PW-03) and Pankaj Bai (PW-06) have not supported the case of the prosecution. Hence, the present appeal be allowed and the appellant be acquitted from the charges in question. (7) Per-contra, learned State counsel would submit that the prosecution has been able to prove the offences beyond reasonable Page No.5 of 8 IN CRA-670-2023 doubt by leading evidence of clinching nature. It is further submitted on behalf of the respondent-State that in view of statement of the prosecutrix (PW-01), wherein she has clearly narrated the incident and implicated appellant herein to be the author of the crime in question, coupled with other evidence available on record, the trial Court has rightly convicted the appellant for the offence mentioned herein-above. Learned State counsel further submits that though medical evidence does not support the case of the prosecution clearly, but in view of statements of Shakunlal (PW-02), Padma Bai (PW-03) and Jamuna Bai (PW-04), the appellant has rightly been held guilt for the offences in question. Therefore, the present appeal is liable to be dismissed. (8) I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. (9) In the case at hand, the victim (PW-01) is aged about 35 years and, since she lost her parents, she used to reside separately all alone. Further, the victim (PW-01) is differently abled woman and also short of vision from left eye. The appellant is her cousin brother by relation. It is the case of the prosecution that on the date and time of the offence, the victim (PW-01) was sleeping inside her house and, at that juncture, the appellant entered inside her house by breaking the lock of the door and, thereafter, committed Page No.6 of 8 IN CRA-670-2023 sexual intercourse with her twice. On account of which, next day morning, the victim informed the matter to the Kotwar of the Village and other persons and, ultimately, reported the matter to the police by lodging written Complaint (Ex.P/01). The victim (PW- 01) in her statement before the Court has clearly narrated the incident in question and implicated the appellant herein to be the author of the crime by stating that on the date and time of the offence while she was alone and sleeping in her house, the appellant, who is her cousin brother, entered into her house by breaking the lock of the door and committed sexual intercourse with her twice. Thereafter, she informed the said incident to Padma Bai (PW-03) and Jamuna Bai (PW-04) and ultimately, reported the matter to the police by lodging written complaint vide Ex.P/01, upon which FIR (Ex.P/02) was registered by the police against the appellant. The said stand of the victim (PW-01) has also been supported by Shakunlal (PW-02), Padma Bai (PW-03) and Jamuna Bai (PW-04), whereby they stated that after the incident the victim (PW-01) informed the same to them and thereafter matter was reported to the police. The victim (PW-01) alongwith all 03 witnesses, Shakunlal (PW-02), Padma Bai (PW-03) and Jamuna Bai (PW-04) were subjected to lengthy cross-examination, but they all remained consistent in their version and supported the case of the prosecution. As such, the testimony of the victim and other witnesses qua Shakunlal (PW-02), Padma Bai (PW-03) and Jamuna Page No.7 of 8 IN CRA-670-2023 Bai (PW-04) insprie confidence and rightly relied upon to hold the appellant guilt for the offences in question. (10) Even otherwise, the case of the prosecution is also supported by other evidence available on record i.e. the seizure of the broken lock of the house of the victim (PW-01), which was seized vide Ex.P/12 from the spot and, seizure of which, is duly supported by the statement of Investigating Officer- D. Tandon (PW-11). Furthermore, accordingly to FSL report (Ex.P/21) also stains of human sperm/semen were found on the vaginal slide and the undergarment of the victim (PW-01). As such, on the basis of aforesaid evidence available on record, the finding recorded by the learned trial Court that appellant is guilty of having committed the offences in question, is strictly in accordance with law and, for which, he has rightly been convicted and sentenced by learned trial Court. I do not find any illegality or perversity in the findings recorded by the learned trial Court. Consequently, the impugned judgment of conviction and order of sentence passed by the learned trial Court dated 07.12.2022 is hereby affirmed being well-merited. (11) Accordingly, this criminal appeal is liable to be and is hereby dismissed being devoid of any merit. (12) The Registry of this Court is directed to sent a copy of this judgment to the concerned Superintendent of Jail where the appellant is languishing, informing him that he is at liberty to Page No.8 of 8 IN CRA-670-2023 assail this judgment before Hon’ble Supreme Court by preferring an appeal under Article 136 of the Constitution of India with the aid and assistance of the Chhattisgarh High Court Legal Services Committee or that of the Supreme Court Legal Services Committee. Sd/- s@if Sd/- (Sanjay K. Agrawal) Judge