RESHAMLAL SATNAMI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal the challenge levied is to the judgment of conviction and order of sentence dated 19-5-2001 passed by the 2nd Additional Sessions Judge, Baloda Bajar, Distt. Raipur CG in ST No. 89/2000 whereby and whereunder he convicted and sentenced the appellants as under:-

(2.) In brief, case of the prosecution is that on 2-11-1999 prosecutrix was about 15 years old. She is a resident of village Maghaibhatha. On 2-11-1999 mother of the prosecutrix had gone to paddy cutting on wages. The prosecutrix was present in the house. The appellant reached in the house and told that her mother has got injured by sickle and she called her. He took her on bicycle in another direction. He threatened her to kill by knife. He took her in the house of Narmada Bai. He committed sexual intercourse with her. Co-accused Lakhanlal had wrongly concealed her. Co-accused Lakhanlal and Bihari Sahu left her near the house of her maternal uncle at village Jogidipa. On 6-11-1999 she lodged a report in PS Sarsiva. After completing the investigation a charge sheet was filed against appellants. Trial Court framed charges against the appellant under Sections 366, 366, 376(1), 506-B of the Indian Penal Code (in brevity ' IPC') and against co-accused Lakhanlal Sahu under Section 368, IPC.

(3.) After conclusion of the trial, Trial Court acquitted co-accused Lakhanlal Sahu of the aforesaid charge. Trial Court acquitted the appellant from the charges punishable under Section 376(1), 506-B, IPC, however convicted and sentenced him as aforesaid.