Chattisgarh High Court
Deenanath Korwa vs State Of Chhattisgarh on 24 March, 2025
1
2025:CGHC:14158
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 102 of 2020
1 - Deenanath Korwa S/o Shri Ramsewak Korwa Aged About 25 Years R/o Village
Ucharwa, Police Station Ramchandrapur, District Balrampur-Ramanujganj,
Chhattisgarh., District : Balrampur, Chhattisgarh
... Appellant
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station
Ramchandrapur, District Balrampur-Ramanujganj, Chhattisgarh., District :
Balrampur, Chhattisgarh
... Respondent
For Appellant : Mr. Atul Gond, Advocate on behalf of Mr. Ajeet
Kumar Yadav, Advocate.
For Respondent/ State : Mr. Atanu Ghosh, Dy. Govt. Advocate.
Hon'ble Mr. Justice Ravindra Kumar Agrawal
Judgment on Board
24/03/2025
1. Challenge in this appeal is to the judgment of conviction and order of
sentence dated 07.01.2020 passed by learned Upper Sessions Judge,
Ramanujganj, District Balrampur-Ramanujganj (C.G.) in Sessions Case
No. 15/2018 whereby the appellant has been convicted and sentenced
in following manner :-
Conviction U/S Sentence Fine In default of
payment of
Fine
u/S 450 of Indian Rigorous Rs. 1,000/- Additional R. I.
Penal Code imprisonment for 03 months
for 10 years
u/S. 376 (2)(j) of Rigorous Rs. 1,000/- Additional R.I.
Indian Penal imprisonment for 03 months
Code for 10 years
U/S. 506 part-II Rigorous Rs. 500/- Additional R. I.
of the IPC imprisonment for one month.
for 02 years
All the sentences have been directed to run concurrently.
2. Case of the prosecution, in brief, is that the victim was a married lady
and she was carrying pregnancy of about 7 months and since her
husband left her, she was residing at her maternal anut's (Bua) house at
village Ucharwa, P.S. Ramchandrapur. On 09.11.2017, at about 4 pm.
when she was alone in her house, the appellant came there and asked
for tobacco, when she denied that she is not having tobacco, he dragged
her inside her house and committed rape upon her. When she shouted
and protested the act of the appellant, he threatened her for dire
consequences. After commission of offence, the appellant fled away from
the place. When her parents came back to house from the jungle, she
informed the incident to them. On 10.11.2017, in the morning a village
meeting was also convened and she disclosed the incident there also
and then she lodged the report. On the report of victim (PW-1), FIR
(Ex.P-6) was registered against the appellant for the offence under
Sections 294, 506, 376(2) (n) and 450 of the IPC. The victim was sent for
her medical examination to Community Health Centre, Ramanujganj,
where Dr. Kamini Rai (PW-3) medically examined the victim and gave
her report (Ex.P-1). During her medical examination, doctor has noticed
that victim was carrying pregnancy of about 28 weeks. No injuries have
been found on her body and opined that no definite opinion regarding
recent sexual intercourse can be given at present and she referred to
Sonologist , DHA for further examination of gestational age of fetus,
however, two slides of her vaginal swab were prepared, sealed and
handed it over to police for its chemical examination. Spot map (Ex.P-7)
was prepared by the police and spot map (Ex.P-5) was prepared by the
Patwari. The appellant was arrested on 12.11.2017 and he too was sent
for his medical examination to Community Health Centre, Ramanujganj
where Dr. Kailash Kaiwartya (PW-6) medically examined him and gave
his report (Ex.P-4). After examining the appellant, the Doctor has opined
that he is capable to perform sexual intercourse. Petticoat of the victim
and her vaginal slides were sent for its chemical examination to Regional
FSL, Ambikapur from where report (Ex.P-18) was received and as per
FSL report semen and sperm were found on the patticoat of the victim,
however, no semen and sperm were found on the vaginal slides of the
victim. Statement of the witnesses under Section 161 of the Cr.P.C. and
statement of the victim under Section 164 Cr.P.C. have been recorded.
After completion of usual investigation, charge-sheet was filed before
learned Judicial Magistrate First Class, Ramanujganj for the offence
under Sections 294, 506, 450 & 376 (2)( n) of the IPC. The case was
committed to the Court of Sessions Judge, Balrampur, place
Ramanujganj from where the same has been transfred to the learned trial
Court for its trial.
3. The trial Court has framed charge against the appellant for the offence
under Sections 450, 376 (2)(h), 506 part II and 294 of the IPC. The
appellant denied the charged and claimed trial.
4. In order to prove the charge against the accused/appellant, the
prosecution has examined as many as 10 witnesses. The statement of
accused was also recorded under section 313 of Cr.P.C. in which he
denied the material appearing against him, plead innocence and stated
that he has purchased the property from Mahendra Korwa and he tried to
sell it to other person, for which, Rs.10,000/- was demanded and on that
issue, quarrel took place, resultantly, he has been falsely implicated in
the case. Two defence witnesses have been examined by the appellant
in his favour.
5. After appreciation of oral as well as documentary evidence led by the
prosecution, learned trial Court has convicted and sentenced him as
mentioned in the earlier part of this judgment. Hence this appeal.
6. Learned counsel for the appellant would argue that the prosecution has
failed to prove its' case beyond reasonable doubts. There are material
omission and contradiction in the evidence of the prosecution witnesses,
which cannot be made basis for his conviction. There is no witness, who
have seen the appellant nearby the house of the victim, even as per
allegations raised by the victim that she raised alarm at the time of
incident, but no-one had come there to rescue her, despite that her house
is situated in a dance locality. No injuries have been found on her body
and there is reason for false implication that her maternal aunt and uncle
were having grudge against the accused/appellant, as there was dispute
in respect of purchase of the property. In a village, a Panchayat meeting
was also convened some days prior to the date of alleged incident. No
semen and sperm were found on her vaginal slides, which falsify the
allegations against the appellant that he committed rape upon her.
Evidence of the victim suffers with material discrepancies and
inconsistencies, therefore, the appellant is entitled for acquittal.
7. On the other hand, learned counsel for the State while opposing the
arguments advanced by the counsel for the appellant contended that the
except minor contradictions & omissions, the prosecution has proved its
case beyond reasonable doubt. There are overwhelming evidence
available in the record against the appellant. The evidence of the victim
(PW02) itself is sufficient to hold guilty of the offence. Even if no injuries
have been found on the body of the victim, the prosecution case cannot
be doubted, as injuries is not required in every case to be found on the
body of the victim of rape. From the evidence of the victim, it appears that
she raised alarm immediately when the appellant entered into her house,
but it depends upon the situation as to hearing of the noise by the person,
who may have come to rescue her and it also depends upon the situation
of her house. From the spot map (Ex.P-7), it also reflects that though the
house of the victim is situated in a dance locality, but spot map shows
that there is some distance in between the house of the victim as well as
house of the others. He submits that immediately after the incident, the
report has been lodged. From the perusal of oral evidence of two
witnesses, it reflects that property dispute could not be established by the
appellant, that too, the alleged property dispute was with her maternal
uncle and maternal aunt. Semen and sperm were found on the petticoat
of the victim, which also connects the appellant with the crime in
question, therefore, there are sufficient evidence to hold conviction of the
appellant in crime in question, hence, there is no merit in the appeal and
the same is liable to be dismissed.
8. I have heard the counsel for the parties and perused the record of the
court below.
9. Victim (PW-1) has stated in her evidence that on the date of incident at
about 3 pm, when she was alone in her house and working in her courtyard,
appellant came there, asked for tobacco from her and when she refused
that she is not having tobacco, he insisted her to go to her house and bring
tobacco, when she denied, the appellant dragged her inside her house and
thereafter committed rape upon her. During incident, she shouted but no-
one came there to help her. Appellant threatened her not to raise her voice,
or else she would be killed. After commission of offence, appellant fled away
from the place. In the evening, when her parents came from jungle, she
disclosed the incident to them and in the next morning, a Panchayat Meeting
was called and in the said Panchayat Meeting, appellant & his parents were
not come and, therefore, the report has been lodged. In cross-examination,
she admitted that in her police statement, she disclosed that she came to
her parents' house from her house of her husband for her delivery. She
denied the fact that her maternal uncle had borrowed Rs. 10,000/- from the
appellant for his treatment, she voluntarily stated that her maternal uncle
has done his work in the house of the appellant and Rs.1,200/- was the
outstanding amount and he has not given it to him. There was dispute
between the appellant and her maternal uncle with respect to the said
amount of Rs.1,200/-. In her entire cross-examination, she was cross-
examined on the point of her marriage, reasons of residing with her parents
and also with respect to money dispute between her maternal uncle and the
appellant.
10. So far as offence of rape is concerned, it has not been properly defended
by the appellant to say that the appellant has not committed offence of rape
with the victim. From her evidence, it has duly been proved the fact that on
the date of incident, appellant came to her house, dragged her inside the
room and committed rape upon her. At that time, she was caring pregnancy.
11. Dr. Kamini Rai (PW-3), who has medically examined the victim, has
proved MLC report (Ex.P-1), in which, she opined that the victim was
carrying pregnancy of about 7 months on 11.11.2017, when she was
brought before her for her medical examination, althought, she has not
noticed any external injuries on her body.
12. PW-2 has stated in his evidence that on the date of incident maternal
aunt of the victim has informed him about the incident of rape by the
appellant upon the victim. She called village meeting and when they
gathered for the said meeting, the appellant had not come there and when
2-3 persons again went to the house of the appellant, then he came
alongwith them and he confessed that he has done the wrong act with the
victim and they may do whatever they want to do and, thereafter, the
persons, appeared in the village meeting, had advised her to lodge the
report against the appellant. In cross-examination, this witness too remain
firms in same direction that in the village meeting, appellant came there and
confessed his guilt, and, thereafter, he members, who came in the meeting,
were advised her to lodge the report.
13. PW-4 , who is maternal aunt (Bua) of the victim, has supported the case
of the prosecution that on the date of incident, when she returned back to
her house, the victim had informed the incident to her. In the next morning,
village meeting was called and the appellant was also there in the village
meeting, where, the appellant has confessed his guilt for committing rape
upon the victim, thereafter, member of the meeting had advised her to lodge
the report. In cross-examination, she was being cross-examined on the point
of amount borrowed by her husband from the appellant, but she denied the
same. Further, she remained firm in saying that in the next day morning, a
village meeting was convened and in that meeting the appellant had
confessed his guilt in the said meeting.
14. PW-8, who is maternal uncle of the victim, has too supported the case of
the prosecution and stated in his evidence that when they returned from the
jungle, victim informed him about the incident and in the next morning, a
village meeting was called, in which, the appellant confessed his guilt,
thereafter, a report has been lodged. In his cross-examination also, nothing
specific has come, which makes the entire case of the prosecution doubtful.
15. Though the appellant has examined two defence witnesses, but from the
evidence of defence witness it only comes that there was property dispute
between the appellant and the maternal uncle of the victim, but there is no
specific date & time of the said dispute and also the nature of dispute, it only
comes that in the year 2017, a village meeting was called with respect to the
property dispute between the appellant and the maternal uncle of the victim
(PW-8).
16. In absence of any clinching evidence with respect to the property dispute
between them merely saying that there was a dispute with respect to the
property between maternal uncle of the victim and the appellant would not
sufficient to discard the evidence of victim as well as other witnesses.
17. A close scrutiny of evidence makes it clear that on the date of incident
when the victim, who is a married lady, was alone in her house, appellant
entered into her house, dragged her inside the room and committed raped
upon her. Thus, the judgment passed by the trial Court is based on proper
appreciation of the evidence available on record, this Court does not find
any sufficient ground to upset the well reasoned finding recorded by the trial
Court.
18. In the result, the appeal fails and is hereby dismissed. The appellant shall
serve the entire sentence, as awarded to him by the trial Court.
19. Registry is directed to send a copy of this judgment to the concerned
Superintendent of Jail where the appellant is undergoing his jail sentences
to serve the same on the appellant informing him that he is at liberty to
assail the present judgment passed by this Court by preferring an appeal
before the Hon'ble Supreme Court with the assistance of High Court Legal
Services Committee or the Supreme Court Legal Services Committee.
20. The trial Court record along with a copy of this judgment be sent back
immediately to the trial court concerned for compliance and necessary
action.
Sd/-
(Ravindra Kumar Agrawal)
Judge
amita
Date: 2025.04.08 11:17:37 +0530
