DEEPAK KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) Preferred by the appellant-accused, the present appeal addresses the challenge to judgment and order 22/9/2023 passed by the High Court of Chhattisgarh, at Bilaspur, in CRA No. 34 of 2020 whereby the High Court continued the judgement and order of the Special Judge (SC/ST Court), Rajnandgaon, (CG) in Special Criminal (T) Case No. 10 of 2018, convicting and sentencing the appellant.

(3.) As per the prosecution case, the incident occurred on 3/4/2018 at about 12:00 Noon. On the fateful day, the victim aged about 15 years and her younger brother named Mayank, aged about 11 years were inside their house. The parents had gone to village Karate to attend the funeral as there was a death in their family. Finding the victim alone in the house, the appellant-accused entered the house. He thereafter sent the brother of the victim to bring a pack of chewing tobacco. Once the brother of the victim left the house, the accused forced the victim to lie on the cot lying in the porch of the house, gagged her mouth and then committed sexual intercourse. When the brother of the victim came back, seeing him, the appellant-accused fled away from the house, threatening the victim not to tell anything to anyone.