SAMARUDAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Mr. Keshav Dewangan, Advocate has been engaged by the High Court Legal Aid for arguing the case on behalf of the appellant. Despite repeated calls, he has not appeared when the case is called for final hearing, therefore, Mr. Bharat Rajput, Advocate, who is present in the Court has been appointed as Amicus Curiae to argue the case on behalf of the appellant.

(2.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 03.11.2009 passed by Special Sessions Judge, Janjgir-Champa, (C.G.) in Special Session Trial No. 106/2009, wherein the said court convicted the appellant for commission of offence under Section 376 (1) of IPC, 1860 and sentenced to undergo R.I. for 7 years and fine of Rs. 2000/- with further default stipulations.

(3.) In the present case, prosecutrix is PW-7. As per version of the prosecution, the prosecutrix was working in one hotel namely Seven Hotel at Sakti. On 21.01.2009 at about 10:30 p.m. appellant caught hold the prosecutrix and forcibly committed sexual intercourse with her. The matter was reported, the appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.