GOPY GADARIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this Criminal Appeal the challenge is levied to the judgment of conviction and order of sentence dated 10/02/2010 pronounced by 14 th Additional Sessions Judge (F.T.C.), Raipur in S.T. No. 50/2009, whereby and whereunder the appellant was convicted for the offence under Section 376 of Indian Penal Code (for short, 'IPC') and sentenced to undergo rigorous imprisonment of 7 years and fine of Rs.500/-, in default of payment of fine, additional R.I. for 3 months, convicted for offence under Section 506(B) of IPC and sentenced to undergo rigorous imprisonment of 1 year and fine of Rs.500/-, in default of payment of fine, additional R.I. for 3 months. It is further directed that both the imprisonment to run concurrently.

(2.) This is admitted by appellant that PW-9 Anita Bai Lodhi, PW-2 Angad Lodhi, PW-3 Ku. Vimla, PW-7 Ramkumar know him, the agriculture field of PW-9 Anita Bai is in Hathmar, PW-3 Ku. Vimla, PW-7 Ramkumar know the prosecutrix.

(3.) In brief, the prosecution story is that at the time of alleged incident prosecutrix was near about 40 years old. She is the resident of village Arang. On 15/12/2008 near about 12 p.m. prosecutrix was picking paddy seeds in her own field. The appellant reached there and caught her hold, gagged her mouth by his hand, thereafter he committed forcible sexual intercourse with her and given threatening to kill to her entire family. On 26/12/2008 prosecutrix lodged the report in Police Station, Arang. After completion of the investigation, a charge-sheet was filed against the appellant. After completion of trial, trial Court convicted the appellant as aforesaid.