UDESH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Mr. Abdul Wahab Khan, Advocate has been engaged for arguing the case on behalf of the appellant. Despite repeated calls, he has not appeared when the case is called for final hearing, therefore, Mr. Subhash Yadav, Advocate, who is present in the Court has been appointed as Amicus Curiae to argue the case on behalf of the appellant.

(2.) This appeal is preferred under Section 374 of the Code of Criminal Procedure, 1973 against judgment dated 29.01.2009 passed by Additional Sessions Judge, Gariyaband, DistrictRaipur (C.G.) in Session Trial No. 50/2008, wherein the said court convicted the appellant for commission of offence under Section 376 (1) of IPC, 1860 and sentenced to undergo R.I. for 10 years and fine of Rs. 500/- with further default stipulations.

(3.) In the present case, prosecutrix is PW-2. As per version of the prosecution, the prosecutrix was cleaning utensils at about 8:00 p.m. on 21.11.2008. At the same time, the appellant reached there, by pressing her mouth taken her to kitchen garden of one Kawal Singh, thereafter, removed her cloth and committed rape on her. Matter was reported and investigated. The appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.