(1.) The instant appeal has been preferred against the judgment of conviction and order of sentence dtd. 12/11/2021 passed by learned 1st Additional Sessions Judge (FTC), Bemetara, District Bemetara (C.G.) in CIS No. Session Case - 36/2020 whereby and whereunder, learned Judge convicted the appellant under Ss. 376, 450 and 506 Part II of the IPC and sentenced him as under:-
(2.) Brief facts of the prosecution case are that, on 16/6/2020 at about 11:50 PM, prosecutrix filed written report at Police Station Bemetara on the ground that on 16/6/2020 at about 10 PM, when her husband had gone to attend marriage function at village Baiji, at that time, accused/appellant Om Prakash Verma, taking the advantage of her loneliness entered her house, threatened her for dire consequences and committed rape with her. After some time, her husband returned home. He saw the appellant with the prosecutrix committing the alleged crime. Seeing the husband of the prosecutrix, appellant ran away from there. On the basis of said report, offence was registered against the appellant and after completion of investigation, charge-sheet was filed and charges were framed against him under Ss. 450, 506 Part II and 376 of IPC.
(3.) So as to hold the accused/appellant guilty, the prosecution has examined as many as 12 witnesses and exhibited total 24 documents. Statement of the accused/appellant was also recorded under Sec. 313 of the Cr.P.C. in which he denied the charges leveled against him and pleaded innocence and false implication in the case.