KAMLESH URAON ALIAS BIRANSAI Vs. STATE OF CG

JUDGEMENT

(1.) This appeal is directed against judgment dated 15-4-2011 passed by 2nd Additional Sessions Judge, Surguja (Ambikapur) in Sessions Trial No. 93/2008. By the impugned judgment, accused/appellant Kamlesh Uraon alias Biransai alias Chunda alias Bodaro alias Motu has been convicted and sentenced in the following manner with a direction to run the sentences concurrently:

(2.) Shri Sunil Tripathi, learned counsel for the appellant has argued that the finding of guilt recorded on the basis of presence of the appellant in the hotel situated in front of the house of Ramnath (PW-2), memorandum statement (Ex. P-12) of the appellant and recovery of sabbal and clothes is unreasonable. The above circumstances are not proved beyond reasonable doubt. Even if, the circumstances are taken on their face value, it cannot be said that it was the appellant who committed the alleged rape and murder of the deceased. He further argued that it is well settled that a strong suspicion is not a substitute for a proof. Therefore, the finding of guilt recorded by the learned Additional Sessions Judge is not sustainable and the appellant is entitled for acquittal.

(3.) Shri Rajendra Tripathi, learned Panel Lawyer for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded to the appellant do not warrant any interference by this Court.