ARVIND KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) This revision is directed against the order dated 9-1-2015 passed by the Sessions Judge, Balod in Criminal Appeal No. 114/2014, by which, the appellate Court has held the appellant guilty of commission of offence under Sections 354, 341 and 323 of IPC.

(3.) According to the prosecution story, when the prosecutrix, P.W.1 was going on her bicycle to her house at village Parsada on 23-6-2014 at about 2 p.m. near the canal, the applicant came across, wearing underwear and waist and obstructed the prosecutrix, dragged her towards nearby canal and assaulted, used criminal force and also hurled abuses and insisted on sexual intercourse. The prosecutrix lodged FIR in Ex.P.1 in the Police Station. The applicant was arrested, investigation was carried out and charge-sheet was filed for alleged commission of offences under Sections 354-B, 354, 341 and 323 of IPC and charges were framed against the applicant by the trial Court. Applicant was tried for commission of offences alleged. Vide impugned judgment of conviction and order of sentence dated 27-11-2014, the applicant was held guilty of the offences and sentenced 4 years R.I. under Section 354-B of IPC with a fine of Rs. 200/-, in default of payment of fine, additional R.I. for 1 month and 1 month simple imprisonment with a fine of Rs. 1000/-, in default of payment of fine, simple imprisonment for 15 days under Sections 341 & 323 of IPC.