RAGHUWA PANDO Vs. STATE OF M P

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction and order of sentence dated 25.01.1999 passed by the Sessions Judge, Ambikapur in Sessions Trial No.213/98, whereby and whereunder after holding the appellant guilty for commission of rape, the trial Court has convicted him under Section 376(1) of the IPC and sentenced him to undergo R.I. for seven years and to pay fine of Rs. 2,000/ -, in default of payment of fine, to undergo additional R.I. for six months.

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

(3.) PROSECUTION case in brief is that on 24.06.1998 at about 12 O'clock at noon, prosecutrix (PW -1) left for searching out her cattle in the Akladand forest situated near village Gurmuti. At that time, accused / appellant caught hold of the tuft of the prosecutrix from back side and dragged her and thereafter, committed rape on her. When the prosecutrix tried to run away from that place, accused again tried to commit sexual intercourse but by that time after hearing cry of the prosecutrix, Mst. Parbudhni (PW -2), Fulkunwar and Somaro reached to the spot and they released the prosecutrix from the hold of the appellant. Prosecutrix informed the incident to her mother, father and husband Ramnandan (PW -3). On 25.06.1998 at about 6:30 pm she reported the incident in police station Basahtpur vide Ex.P -1.