TORAN JALCHHATRI Vs. STATE OF C G

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 30 -4 -2007 passed by 14th Additional Sessions Judge (FTC), Raipur in Sessions Trial No. 19/2007. By the impugned judgment, accused/appellant Toran Jalchhatri has been convicted and sentenced in the following manner with a direction to run the sentences concurrently : - <IMG>JUDGEMENT_340_CGLJ1_2014 - 0003.jpg</IMG>

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

(3.) SHRI Vineet Kumar Pandey, learned counsel for the appellant argued that the finding of conviction arrived at against the appellant cannot be sustained in law as there is only corroboration by testimony of prosecutrix (PW -1). The appellant has been convicted for the offence under Section 377 of the IPC on account of his only act of putting his penis in the mouth of prosecutrix (PW -1). There was no any carnal intercourse. Therefore, the conviction under Section 377 IPC cannot be sustained. The evidence of prosecutrix (PW -1) is not reliable. The prosecution story is highly improbable. Therefore, the conviction of the appellant is not sustainable and he deserves acquittal.