DOLESHWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22-09-2001 delivered by Shri T.N.H. Pancholi, learned Vlth Additional Sessions Judge,(F.T.C.), Surajpur, District-Sarguja in Sessions Case No. 228/ 1996 whereby the appellant was convicted under Section-451 and 376 of the IPC but was sentenced only under Section-376 of IPC to rigorous imprisonment for 7 years and fine of Rs.5,000.00 and in default of payment of fine to further undergo additional rigorous imprisonment for 6 months.

(2.) It is not disputed that the appellant had, under Section-294 of Cr.P.C., admitted the genuineness of medical examination report of the prosecutrix by Dr. S. N. Kindo on 20/2/1996 vide Ex.P-16.

(3.) Briefly stated the prosecution story is that on 19/2/1996 at about 5 P.M. while the prosecutrix was alone in her house in Village-Gopalpur, the appellant who was her brother-in-law came inside the house. The appellant caught hold of the hands of the prosecutrix and threatened to kill her, if she shouted. There was a scuffle in which the bangles of the prosecutrix were broken. The appellant thereafter made the prosecutrix to lie on the ground and mounting upon her committed rape and ran away.