ANIL KUMAR KAUSHIK Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) The present appeal arises out of the judgment and older dated 27.6.2008 passed by Additional Sessions Judge, Balod in Sessions Trial No. 03.2008 convicting the accused/appellant for the offence under Sections 450 & 376 (I) of I.P.C. and sentencing him to undergo rigorous imprisonment for one year and to pay fine of Rs. 1,000/- under Section 450 and to undergo rigorous imprisonment for seven years and to pay fine of Rs. 1,000/- under Section 376 (I) I.P.C. plus default stipulations.

(2.) Case of the prosecution in brief is that on 20.11.2007, F.I.R. Ex. P-1 was lodged by the prosecutrix (P.W. 1) a married lady aged about 22 years alleging that on 18.11.2007 at about 2.30 p.m. when she was going to her field on the way accused appellant met her and asked to accompany him to her house i.e. prosecutrix house to which she informed the accused that her house was locked, however the accused/appellant insisted to go to her house on the pretext that he had some urgent work. She has further alleged that both went to her house and as soon as she entered her house from backside, the accused/appellant caught hold her hand, took her in the cattle shed and against her wish committed forcible sexual intercourse with, her.

(3.) So as to hold the accused/appellant guilty prosecution has examined 16 witnesses in support of its case. Statement accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case. Apart from this two witnesses namely Devnarayan Koushik and Rameshwaranand Yadav (D.W. 1 & D.W. 2 ) were also examined by the defence in support of its case.