BUDHDU SINGH GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is an appeal against the judgment dated 15.04.2014 passed by the Additional Sessions Judge, Pendra Road, Distt. Bilaspur in S.T. No.34/13 whereby the appellant has been convicted under Sections 376 & 450 IPC and has been sentenced for 7 years RI under Section 376 IPC and a fine of Rs. 200/- and in absence of payment of fine, additional 1 month RI was ordered for and has been sentenced to 2 years R.I. under Section 450 IPC and fine of Rs. 100/- and in absence of payment of fine, additional 15 days RI was ordered for.

(2.) No one appeared for the appellant despite several calls.

(3.) As per the prosecution case, a report was made by the prosecutrix on 29.02018 that after consuming meal when she was in her house along with her two daughters at about 12 o'clock in the night, the accused came to her room, caught hold of the prosecutrix dragged her and pulled her into his leg. When she got up from the sleep, she saw that it was appellant and thereafter she was dragged into different room where the goats were being tied and she was made to lie down on the floor and forceful rape was committed after closing her mouth. After the incident when the appellant removed his hand, the prosecutrix cried for help, at that time her husband and the neighbours came, the appellant pushed her and fled away. Subsequently, the report was made, the accused was arrested and thereafter after making examination and completion of other evidence, the charge-sheet was filed.