DHYAN SINGH GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against the impugned judgment of conviction and order of sentence dtd. 15/11/2019 passed by learned Additional Sessions Judge, Pendra Road, District Bilaspur (C.G.) in Sessions Trial No. 21/2019 whereby and whereunder, learned Judge convicted the appellant under Ss. 376 and 450 of the Indian Penal Code and sentenced him to undergo R.I. for 10 years plus fine of Rs.5,000.00 and R. I. for 5 years plus fine of Rs.500.00respectively, with default stipulation.

(2.) Brief facts of the prosecution case are that, in the intervening night of 29/30/6/2018, the husband of the victim was out of station, at about 1.30 A.M. accused/appellant entered the house of victim breaking the door of her house, gagged her mouth and forcibly committed sexual intercourse with her. Victim raised alarm whereupon her neighbourer Nanbai (PW-2) came there to whom she narrated the incident. After two days, husband of the victim returned to her village and with him she went to Police Station Gaurella and lodged FIR (Ex. P/1) against the applicant. With the Consent (Ex. P/3) of the prosecutrix, she was sent for medical examination. After completion of investigation, charge-sheet was filed against the appellant and charges were framed under Ss. 376 and 450 of Indian Penal Code.

(3.) So as to hold the accused/appellant guilty, the prosecution has examined as many as 10 witnesses and exhibited total 17 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.