SUKHAL SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Criminal Appeal Under Section 374 of The Code of Criminal Procedure.

(2.) THIS appeal has been preferred against the judgment and order dated 31.5.2008 passed by the Additional Sessions Judge, Surajpur, District Sarguja, in Sessions Trial No. 413/2007 holding the accused/appellant guilty under Sections 450, 376(1) of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs.500 u/s 450 and rigorous imprisonment for seven years and pay fine of Rs. 1,000 u/s 376(1) IPC, plus default stipulations. Case of the prosecution in short is that on 10.7.2007 FIR Ex. P -1 was lodged by the prosecutrix (PW -1) - a married lady aged about 22 years at the relevant time, to the effect that on 7.7.2007 at about 11 p.m. when she went to her bedroom to sleep, the accused/appellant who was already hiding himself in her house, came over there, pressed her mouth, threatened to finish her in case she tried to raise alarm, tore off her underwear and committed forcible sexual intercourse with her. Further case of the prosecution is that on the date of incident husband of the prosecutrix was not at home and her son too had gone to take dinner in the house of his aunt. On the next day, incident was disclosed by her to one Rameshwar Singh (PW -5) and after arrival of her husband on 9.7.2007, to him also and then the report was lodged. Based on this report, offences u/s 376 and 450 IPC were registered against the accused/appellant, prosecutrix was sent for medical examination and after completion of investigation challan was filed by the police on 21.9.2007.

(3.) AFTER hearing the parties, the trial Court convicted and sentenced the accused/appellant as mentioned in paragraph No.1 of this judgment. Hence, this appeal.