DASHRATHBHUIYAN Vs. STATE OF C G

JUDGEMENT

(1.) This appeal is directed against judgment dated 31.12.2007 passed by Second Additional Sessions Judge (FTC), Ramanujganj, District Surguja in Sessions. Trial No. 95/2002. By the impugned judgment, accused/appellant Dashrath Bhuiyan has been convicted under 53ection 376 of the Indian Penal code and sentenced to undergo imprisonment for life and to pay fine of Rs. 500/-, in default of payment of fine, to further undergo rigorous imprisonment for one month. Case of the prosecution, in brief, is as under:

(2.) In further investigation, charge-sheet was filed against the appellant in the Court of Judicial Magistrate First Class, Ramanujganj, who, in turn, committed the case to the Court of Session, Surguja, from where it was received on transfer by Second Additional Sessions Judge (FTC), Ramanujganj, who conducted the, trial and convicted and sentenced the appellant as mentioned above.

(3.) Mr. R.K. Jain and Mr. Rajkumar Gupta, learned counsel appearing for the appellant argued that FIR (Ex-P/12) was lodged belatedly. They further argued that the trial Court grossly erred in holding the appellant guilty for the offence punishable under Section 376 IPC. They further argued that the case of the prosecution is highly improbable. A close scrutiny of the evidence available on record reveals possibility of the prosecutrix (PW-11) having been a consenting party. Therefore, conviction of the appellant under Section 376 IPC is not sustainable and the appellant deserves to be acquitted of the charge framed against him.