SANAT KUMAR VARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is directed against judgment dated 07.3.2011 passed by Additional Sessions Judge, Bemetara, Distt. Durg (CG) in Session Trial No.51/2010 wherein the said Court convicted appellant for commission of offence under Sections 450 and 376(1) of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for 03 years and to pay fine of Rs.500/- and RI for 07 years and to pay fine of 1000/- respectively with default stipulation.

(2.) In the present case prosecutrix is PW-6. As per the version of the prosecution, on the date of incident, i.e. 02.6.2010 at about 7.00 pm when the prosecutrix was alone in her house, the appellant entered into the house, caught hold her and committed rape with her. At that time, husband of the prosecutrix came there and saw the incident. Thereafter, report was lodged. The matter was investigated and the appellant has been convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under: