NILKANTH YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 17-3-2009 passed by the Additional Sessions Judge (FTC), Dhamtari, District Dhamtari (CG) in Sessions Trial No. 46 of 2008 wherein the said Court convicted the appellant for the commission of offence under Section 376 (1) and 325 of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for ten years and to pay fine of Rs. 5000/- and RI for three years and to pay fine of Rs. 1000/- with default stipulations.

(2.) In the present case, prosecutrix is PW/1. It is alleged that on 2-7-2009 at about 9.30 pm when prosecutrix was doing the work of cleaning of utensils by sitting outside of the house, the appellant came there, caught hold of the hand of the prosecutrix, forcefully took her inside the the court-yard/cattle shed and committed rape on her and threatened her with life on disclosing the matter to anyone. Prosecutrix disclosed the matter to her husband on his arrival. After the incident the appellant assaulted the husband of the prosecutrix who sustained grievous injuries. 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: