JEEVAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 16-10-2007 passed by the Additional Sessions Judge, Bemetara, Session Division Durg, District Durg in Sessions Trial No. 341 of 2000 wherein the said Court has convicted the appellant for commission of offence under Sections 376(1) and 506-B of of the IPC and sentenced him to undergo rigorous imprisonment for seven years and to pay fine of Rs.5,00/- and RI for two years with default stipulations.

(2.) In the present case, prosecutrix is PW/4. As per version of prosecution, prosecutrix went to her parental house on the date of incident at about 11.00 a.m., and went to market on motor-cycle which was driven by her sister's son who is appellant for purchasing some goods. When she was retuning to her parental house with the appellant, appellant forcibly caught hold her hand, fell her down on the ground and thereafter committed rape on her. After commission of offence he threatened her to kill if she will narrate the incident to anyone. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced him as aforementioned.

(3.) It is submitted on behalf of the appellant as under: