MAN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Appeal has been filed by the appellant under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") against the judgment dtd. 28/4/2005 passed by the Additional Sessions Judge Dhamtari, Session Division Raipur (C.G.) in Sessions Trial No.201/2004.

(2.) By the judgment impugned, the appellant has been convicted for commission of offence under Sec. 376(1) of the Indian Penal Code, 1860 (for short, "IPC") and sentenced to undergo RI for 7 years and to pay a fine of Rs.100.00, in default of payment of fine to further undergo RI for 1 month.

(3.) The case of the prosecution, in a nutshell, is that the appellant committed sexual intercourse with the prosecutrix (PW-2) on the pretext of marriage on or before 21/4/2004 at Village Jhanjhar-Kera and also threatened for dire consequences. The appellant was engaged with another woman for marriage. The incident was reported at the Police Station Magarload, upon which the First Information Report (Ex.P/3) was lodged. The investigation was set in motion. The prosecutrix was medically examined. Documents with regard to date of birth were seized and statements of the witnesses were recorded. After completion of the investigation, the charge sheet was filed before the Judicial Magistrate, First Class, Dhamtari, who committed the case to the Sessions Judge Raipur and the case was made over to the trial Court for trial. The appellant was charged for an offence punishable under Sec. 376(1) of the IPC. However, he denied the charge framed against him and claimed to be tried.