Chandra Kumar Jaiswal Vs State of Chhattisgarh (Chhattisgarh High Court)
The appeal was filed under Section 374(2) of the Code of Criminal Procedure, 1973, challenging the judgment dated 09.05.2023 passed by the Special Judge under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Korba. The trial court had convicted the appellant under Section 376(2)(L) of the Indian Penal Code and Sections 3(2)(v) and 3(1)(w) of the Atrocities Act, awarding sentences including life imprisonment along with other terms to run concurrently.
Read SC Judgment in this case: SC Granted Acquittal Due to Contradictions in Evidence & Lack of Proof Beyond Doubt
According to the prosecution, the victim’s mother lodged a complaint stating that her daughter, who had been suffering from mental health issues, left home on 03.05.2020 and was taken by the accused on a motorcycle. It was alleged that despite being asked to drop her home, the accused took her elsewhere, assaulted her, and committed rape. The FIR was registered, and after investigation, a chargesheet was filed under the relevant provisions of the IPC and the Atrocities Act. The prosecution examined eight witnesses and produced documentary evidence.
The appellant challenged the conviction on several grounds. It was argued that the prosecutrix was not examined during trial, and her prior statements did not mention rape or recent intercourse. The appellant also pointed out that a witness named by the victim’s mother to corroborate her version was not examined. It was further contended that medical evidence did not support the allegation of sexual assault, and although semen was found on seized articles, no DNA test was conducted to link it to the appellant. Additionally, the caste certificate was not properly proved, and no medical evidence was produced to establish the victim’s mental condition.
