LAWS(CHH)-2016-11-138

SULU MUSALMAN Vs. STATE OF CHHATTISGARH

Decided On November 30, 2016
Sulu Musalman Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The appellant in the instant case stands convicted for the offence under Sec. 376(1) IPC and have been sentenced to undergo RI for 10 years with fine of Rs.1000.00 with default stipulation vide judgment dtd. 15/12/2011 passed by the Sessions Judge, Jashpur, in Sessions Trial No.36/2011.

(2.) The case of the prosecution in brief is that, the prosecutrix, PW-2, on 3/9/2006 when she had gone to the field for answering the nature's call at around 6:00 pm in the evening, the present appellant reached there and finding the prosecutrix alone, overpowered and ravished her. She immediately rushed back to the home and narrated the incident to her mother and father and since it had become dark, the prosecutrix and the other members went to the police chowky, Lodam under Police Station, Jashpur on the very next day i.e. 4/9/2006 at around 10:55 am and lodged an FIR (Ex. P/5).

(3.) Based on the investigation, the case was registered against the appellant and he was subjected to trial before the court below for the offence under Sec. 376(1) IPC.