RAKESH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 5-1-2001 passed by the First Additional Sessions Judge, Raigarh (CG) in Sessions Trial No. 19 of 2000 wherein the said Court has convicted the appellant for commission of offence under Sections 376(1), 366 and 342 of IPC, 1860 and sentenced him to undergo rigorous imprisonment for seven years, RI for two years and RI for three months. All the sentences are directed to run concurrently.

(2.) In the present case, prosecutrix is PW/18. As per version of prosecution, on the date of incident i.e., in the intervening night of 8th & 9th November, 1999 appellant kidnapped the prosecutrix from the lane of Gharsiapara, Kharsia while prosecutrix after watching TV in her brother's house, was going to her house and committed sexual intercourse with her without her consent and against her will. 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: