LAXMIKANT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 26.02.2010 passed by Additional Sessions Judge (FTC), Pendra Road, Distt. Bilaspur in Session Case No.58/2009 wherein the said Court convicted the appellant for the commission of offence under Section 376(1) of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years and to pay fine of Rs. 5000/- with default stipulation.

(2.) As per the prosecution case, prosecutrix (PW-1) was living in the company of her parents and the appellant allured her to marry with him and on this misconception of facts committed sexual intercourse with her which is not consented as per Section 90 of the IPC.

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