RAJAU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 17-1-2001 passed by the 1st Additional Sessions Judge, Baloda Bazar in Sessions Trial No. 217 of 2000, whereby and whereunder, the trial Court, after holding the appellant guilty for insulting the modesty of a woman and for attempting to commit murder, convicted him under Sections 509 and 307 of the IPC and sentenced him to undergo R.I. for one month and to undergo R.I. for four years & a fine of Rs. 1,000/-, in default, additonal R.I. for three months.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted & sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of prosecution, on 25-4-2000 at about 10.00 a.m., near the field of Damru, accused offered Rs. 20/- to complainant Jambai for physical relation with him, which she refused, then the accused assaulted by axe on her face, on which complainant was frightened and started running due to which she was unable to control her feet and fell in the pond and narrated the incident to one Gendram and some other villagers, who were standing there. After some time, her husband came with Krishna Kumar and Budhram Sahu. She also narrated the incident to them, thereafter, she lodged FIR (Ex. P-14) at police station, Baloda Bazar.