JAINI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both these revisions arise out of the same judgment dated 10.08.2010 passed by the lower appellate Court, they are being disposed of by this common order.

(2.) From the FIR (Ex.P-1), the statements of the witnesses recorded under Section 161 Cr.P.C. as also the charge-sheet, it is manifest that on 16.09.2007 at about 12 midnight when the prosecutrix was sleeping, the accused/applicants along with one Santosh (already acquitted by learned trial Court) had entered in the house of the prosecutrix (PW-1) and asked her as to whom had she given shelter in her house. They also subjected her to beating and while leaving the house they bolted the door from outside. Subsequently, the Panch of the ward along with his brother Ramkrishna came there and unlocked her house. This led to the registration of offence under Sections 452, 342, 323 & 506/34 IPC followed by filing of charge under the same sections.

(3.) Learned Magistrate vide judgment dated 31.12.2008 acquitted accused Santosh of all the charges levelled against him but convicted the accused/applicants herein under Sections 452 and 342 IPC and sentenced each of them to undergo RI for 2 years with fine of Rs.1000/- under Section 452 IPC and RI for 6 years under Section 342 IPC, plus default stipulation. Learned lower appellate Court also approved the judgment of learned Magistrate in its entirety. Hence these revisions.