DILBAG SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE present appeal arises out of the judgment and order dated 28.08.2008 passed by the Sessions Judge, Raigarh in Sessions Trial No. 21 of 2008 convicting the accused/appellant for the offence under Sections 376 and 342 of IPC and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs.1,000, in default of payment of fine to further undergo rigorous imprisonment for three months u/s 376 of IPC and rigorous imprisonment for one year under section 342 of IPC. Both the sentences were directed to run concurrently.

(2.) BRIEF facts of the case are that on 01.01.2008 FIR Ex. P-2 was lodged by the prosecutrix (PW-2), a married lady aged about 26 years alleging in it that on 31.12.2007 at about 5.30 p.m. when she was returning from her work place, on the way the accused/appellant met with her and forcibly took her to his house. Thereafter the appellant bolted the door from inside, switched on the musical instrument, threw her on the cot and after removing her and his clothes committed fordbte sexual intercourse with her against her wishes. Based on this FIR, offence under section 376 and 342 of IPC was registered against the appellant and after completion of investigation Challan was filed against him on 13.01.2008 for the said offence.

(3.) AFTER hearing the parties the trial Court has convicted and sentenced the accused/appellant for the offence under sections 376 and 342 of IPC. Hence, the present appeal.