MANOJ KUMAR AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred under Sec. 374(2) of the Cr.P.C is against impugned judgment of conviction and order of sentence dtd. 27/11/2004 passed in Sessions Trial No.122/ 04 by the learned Additional Sessions Judge, Sakti whereby the appellant has been convicted and sentenced as under:-

(2.) Case of the prosecution in brief is that the Victim (PW1) lodged a report at Baradwar Police Station alleging therein that on 7/1/2003 at about 7.30 P.M. while she was going through a deserted street to the shop of one Purusotam for purchasing potatoes, she was stopped by accused/appellant and one Neeraj Kumar Agrawal; they took her to a nearby place in front of the house of Rambilas; and made her to lie down on floor. It was also alleged that the present appellant and the co-accused forcibly raped her while she was crying. It was alleged that her brother came ing for her and saw co-accused lying over the body of the Victim and the appellant holding her hands. The report further stated that on seeing brother of victim, both the accused ran away. It was also alleged that the accused threatened the prosecutrix that if she discloses the incident to any body her father and brother will be killed.

(3.) During the investigation, Spot Map was prepared. Subsequently, after completing the investigation, a charge-sheet was submitted before the Court. After framing the charges against the accused/appellant, the charges were read out and explained to the appellant, he denied committing the crime and demanded trial.