VIDESH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 29-5-2002 passed by the Additional Sessions Judge, Korba (CG) in Sessions Trial No. 164 of 2001 wherein the said Court has convicted the appellant for commission of offence under Sections 376 and 506 Part II of the IPC and sentenced him to undergo rigorous imprisonment for seven years and to pay fine of Rs.250/- and RI for six months and to pay fine of Rs.250/-with default stipulations. Both sentences are directed to run concurrently.

(2.) In the present case, prosecutrix is PW/1. As per version of prosecution in the intervening night of 17th & 18th February, 2001 at about 12.00 in the night appellant came to courtyard of prosecutrix when she was there to ease herself, caught hold her forcibly and after giving threat of life committed forceful sexual intercourse with her. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced him as aforementioned.

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