SUKHDHAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The matter is heard through video conferencing.

(2.) This appeal arises out of the judgment of conviction and order of sentence dated 04th August, 2003 passed by the First Additional Sessions Judge, Bastar at Jagdalpur (CG) in S.T.No.467/2002 convicting the accused/appellant under Sections 456 and 376 of IPC and sentencing him to undergo RI for three years, to pay a fine of Rs.200/- and to undergo RI for five years, to pay a fine of Rs.1,000/- with default stipulations respectively. Both the sentences were directed to run concurrently.

(3.) Brief facts of the case are that on the date of incident i.e. 13th May, 2002 the prosecutrix, aged about 21 years, was alone at her home, her husband had gone out to the house of one Sonu to attend some party at 9 pm. At around 11 pm the accused/appellant knocked at the door of the prosecutrix and when she asked as to who is there, the appellant pushed open the door as a result of which latch of the door got broken. Thereafter, the appellant threatened her of life by showing a knife if she raised alarm and having gagged her mouth, threw her on the floor, upturned her petticoat and forcibly committed sexual intercourse with her. After commission of said act, while the appellant was fleeing from the place of occurrence, her husband reached there and chased him but could not catch him. During the said incident, the prosecutrix also sustained some injuries. Thereafter, on the next day panchayat meeting was convened and then FIR (Ex.P/3) was lodged by the prosecutrix on 15.5.2002.