MAHFOOZ MIYAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence, passed by the Special Judge, Surguja, Ambikapur, District Sarguja (C.G.), in Special Sessions Trial No.29/2011 on 29.05.2015 convicting the appellant for the offence under Section 376 of the Indian Penal Code and sentencing him to under go R.I. for 10 years along with fine of Rs. 5,000/- and in default of payment of fine, the appellant is required to further under go R.I. for 1 year separately.

(2.) Facts of the case in brief is this that on 24.01.2010, at about 7.00 PM, the appellant came in a jeep and asked the prosecutrix, aged 11 years, who belongs to scheduled tribe to show the house of Samrath Nageshiya. The prosecutrix accompanied her in that jeep and she was forcefully taken to a lonely place, where she was raped by the appellant. After lodging of the FIR, the case was investigated and the charge-sheet was filed before the concerned Court.

(3.) Appellant was charged with offence under Section 376 of the Indian Penal Code and Section 3 (ii) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act. The appellant denied the charges and prayed for trial. The prosecution examined as many as 10 witnesses on its behalf. On examining the appellant under Section 313, he denied all the incriminating evidence against him and pleaded innocence and false implication. No witness was examined in defence. On completion of trial, judgment has been delivered, in which the appellant stands convicted and sentenced as mentioned aforesaid.