RAMSUKH NARAYAN KASHYAP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 24-12-2003 passed by Additional Sessions Judge, Janjgir in Sessions Trial No. 345/2003. By the impugned judgment, accused/appellant Ramsukh has been convicted under Section 376(1) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 200/-, in default, to further undergo R.I. for 1 month.

(2.) Case of the prosecution, in brief, is as under:

(3.) Shri R. K. Jain, learned counsel for the appellant argued that FIR (Ex. P-l) was lodged at belated stage. In absence of proper explanation therefor, the prosecution story becomes doubtful. The prosecutrix did not disclose the incident to anybody for nearabout 4 months, while, during this period, she had gone to her maternal house too. The conduct of the prosecutrix is very unnatural. The testimony of the prosecutrix is full of contradictions. On the basis of evidence of the prosecutrix, co-accused Smt. Rukhmani alias Rukhmin was acquitted by the trial Court. On the basis of same set of evidence, the appellant cannot be convicted. Therefore, it is not safe to rely upon the testimony of the prosecutrix. The appellant deserves to be acquitted.