CHHABILO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 7-11-2008 passed by the Sessions Judge, Mahasamund, Session Division Mahasamund (CG) in Sessions Trial No. 44 of 2008, wherein the said Court convicted the appellant for the commission of offence under Section 376 (1) of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for seven years and to pay fine of Rs. 2000/- with default stipulations.

(2.) In the present case, prosecutrix is PW/1. It is alleged by the prosecution that on 4-6-2008 at about 8.15 pm prosecutrix was all alone in the house situated at village Sankarpur and the same time appellant entered into her house and enquired about other family members and thereafter he dragged the prosecutrix and committed rape on her. Prosecutrix informed the incident to her brother, father and other people of the locality. The matter was reported and investigated. After completion of the trial, the trial Court convicted and sentenced the appellant as mentioned above.

(3.) Learned counsel for the appellant would submit as under: