SANTOSH S/O JOHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal the challenge is levied to the judgment of conviction and order of sentence dated 10.01.2003 passed by First Additional Sessions Judge, Kanker in ST No. 412/2001 whereby and whereunder he convicted appellant u/s 376 of the Indian Penal Code (hereafter called as 'IPC') and sentenced him to undergo RI for 7 years and fine Rs. 500/-, in default of payment of fine, to further undergo RI for 6 months.

(2.) In brief the prosecution story is that at the time of the alleged incident prosecutrix was 14 years old and resident of village Sambalpur. On 004.2001, she had gone to attend a marriage in the house of one Ramji Halba. At about 09:30 pm appellant caught hold of her, gave threatening to kill and took away her under the tamarind tree beside that house. Thereafter he pressed her mouth and committed forcible sexual intercourse with her. Thereafter, she went to her house and narrated the incident to her mother, her father, her maternal uncle Tribhuwan Nath, neighbours Hemlal and Mehtar. Due to night she lodged the FIR next day in PS Bhanupratappur. After completion of the investigation a charge-sheet was filed against him u/s 376 and 506, IPC. Trial Court framed charge against him u/s 376 IPC. He abjured the charge and faced trial. To bring home the charge prosecution examined as many as 12 witnesses. Appellant examined one witness in his defence.

(3.) After conclusion of the trial, Trial Court convicted and sentenced appellant as aforesaid.