RAKESH KUMAR YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 28-7-2009 passed by the Special Judge (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the Act, 1989") Dhamtari, District Dhamtari in Special Sessions Trial No. 17 of 2008 wherein the said Court has convicted the appellant for commission of offence under Sections 450 & 376 (1) of the IPC and sentenced him to undergo rigorous imprisonment for three years and to pay fine of Rs.5,000/- and RI for five years and fine of Rs.5,000/- with default stipulations.

(2.) As per prosecution case, on 22-3-2008 at about 8.00 pm at village Gattasilli, prosecutrix (PW/3) was sitting along with her husband namely Amritlal, Diwakar and appellant Rakesh Kumar Yadav in front of her house. After sitting for sometime her husband and his friend Diwakar had gone towards town. When she entered into her house, the appellant forcibly entered into her house and committed sexual intercourse with her without her consent and against her will. When she shouted her daughter Mamta came to her room and the appellant threatened her of life. Later on her husband Amritlal and Diwakar both entered into the room and saw the incident. Thereafter the appellant fled away from the spot.

(3.) Prosecutrix went to the house of Neera Bai (DW/2) due to fear that her husband may assault her. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced him as aforementioned.