KUBER RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant herein under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dtd. 8/1/2014 passed in Sessions Trial No.148/2012 by the Additional Sessions Judge, Ramanujganj, District Balrampur-Ramanujganj, by which the appellant has been convicted under Ss. 376 and 506 Part-II of the IPC and sentenced to undergo imprisonment for life and pay a fine of Rs.500.00, in default, additional rigorous imprisonment for six months and rigorous imprisonment for three years and fine of Rs.500.00, in default, additional rigorous imprisonment for six months, respectively.

(2.) Case of the prosecution, in short, is that on 13/3/2012 at 07.00 p.m., at Village Kodwa, Police Station Kusmi, the appellant has threatened the major victim and committed sexual intercourse with her and thereby committed the offence. It is the further case of the prosecution that the victim's husband has deserted her, therefore, she was living separately along with her parents in Village Kodwa and on the fateful day, she has gone for work as daily wager along with Bholaram (PW-2) and his wife Sakun Devi (PW-4), then the appellant under the influence of liquor, caught hold of the victim and taken her near Brick factory of Pankeshwar and committed sexual intercourse with her. Immediately, the matter was informed to the police pursuant to which FIR was registered and the victim was medically examined vide Ex.P-10 by the Community Health Centre, Shankar Garh, District Surguja.

(3.) After due investigation, charge-sheet was filed against the appellant for offence under Ss. 376 and 506 Part-II of the IPC before the Court of Chief Judicial Magistrate, Ramanujganj and the case was committed to the Court of Sessions, Balrampur-Ramanujganj from where the learned Additional Sessions Judge, Ramanujganj received the case on transfer for trial.