DOMENDRA LODHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal is against the judgment of conviction and order of sentence dtd. 13/2/2020 passed by the Additional Sessions Judge, Khairagarh, District Rajnandgaon, in ST No.04/2019 whereby the trial Court sentenced the accused to undergo RI for life with fine of Rs.1,000.00 for the offence under Sec. 302 of the Indian Penal Code (for short 'the IPC') and RI for seven years with a fine of Rs.500.00 for the offence under Sec. 201 of the IPC. The trial Court also imposed default sentence in case of failure to pay the fine. However, acquitted the appellant from the charge under Ss. 363, 366 and 376 (?)(??) of the IPC.

(2.) Filtering the unnecessary details, the prosecution case is that a report was made on 8/10/2018 by PW-1 G at Police Station Chhuikhadan stating that on 6/10/2018 his daughter R (since deceased) went to Chhuikhadan college but did not return till late night. Having searched for her she was not found, as such the missing report was lodged by the police station. During search on 18/10/2018 the appellant was arrested. On the basis of doubt and having enquired it was revealed that on 6/10/2018 the appellant took the deceased on his motorcycle bearing registration No.CG-08-F-2433 to Juranadhi Jungle where he committed forceful sexual intercourse and on being insisted by the deceased to end the relation, she was strangulated and her dead body was concealed at the same place. On the basis of memorandum, from the spot the clothes of the deceased, bones, teeth and hairs were seized. After the seizure and identification, the charge sheet was filed for the offence under Ss. 363, 366, 376, 302 and 201 of the IPC.

(3.) During the course of trial the appellant/accused abjured his guilt and claimed to be tried. The prosecution examined as many as 20 witnesses. Upon appreciation of evidence, the trial Court came to a finding that the appellant has committed the offence and convicted and sentenced him as mentioned above. Thus, this appeal.