NARHAR VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.6.2006 passed by 12th Additional Sessions Judge (FTC), Raipur (CG) in Session Trial No.388/2005 wherein the said Court convicted the appellant for commission of offence under Sections 450, 376(1) & 506 Part-II of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for seven years and to pay fine of 500/-; RI for seven years and to pay fine of R.500/-; RI for three years with default stipulations with a direction to run the sentences concurrently.

(2.) In the present case, prosecutrix is PW-2. As per the prosecution case, on the date of incident i.e. 17.9.2005 at about 11.30 pm prosecutrix was in her home along with her husband. The appellant knocked the door of her house, but she did not open the door. After some time at about 1.30 am, the appellant entered into the house of the prosecutrix with knife in his hand and threatened the prosecutrix and her husband to kill them and thereafter caught hold the prosecutrix, threw her upon the bed and forcibly committed rape with her. The matter was investigated, the appellant was charge sheeted and convicted as mentioned above.

(3.) The appeal is filed on the following grounds:-