DEBARA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 29-4-2002 passed by 3rd Additional Sessions Judge, Bastar at Jagdalpur in Sessions Trial No. 366/2001. By the impugned judgment, accused/ appellant Debara has been convicted for offence under Section 376(1) of the Indian Penal Code g. and sentenced to undergo rigorous imprisonment for 5 years.

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

(3.) Shri Subhash Yadav, learned counsel for the appellant argued that First Information Report (Ex. P/1) was lodged belatedly. He further argued that the trial Court has grossly erred in holding the appellant guilty for the offence punishable under Section 376(1) IPC. He further argued that the prosecution case is highly improbable. On close scrutiny of the evidence available on record, possibility of the prosecutrix (PW-1) being a consenting party cannot be ruled out. Therefore, the conviction of the appellant is not sustainable and he deserves acquittal.