HARIRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 20.08.2010 passed by First Additional Sessions Judge, Rajnandgaon (C.G.) in Session Trial No. 82/2009, wherein the said court convicted the appellant for commission of offence under Sections 376 (1) & 506 (Part-II) of IPC, 1860 and sentenced to undergo R.I. for 8 years and fine of Rs. 500/- & R.I. for 1 year and fine of Rs. 500/- respectively with further default stipulations.

(2.) In the present case, prosecutrix is PW-1 who is daughter-inlaw of the appellant/convict. The prosecutrix was married to one Sanjulal Meshram in the year 2008 who is son of the appellant. She was living with her husband- Sanjulal Meshram, mother-in-law, father-in-law/ appellant and sister-inlaw (Sister of husband). On 23.02.2009, she went to forest with her father-in-law/ appellant for collecting fire wood where the appellant forcibly committed rape on her and threatened her to kill if she will disclose this incident to anyone. Thereafter, the appellant repeatedly committed rape with the prosecutrix. On 14.06.2009, she came to her parental house and narrated the incident to her father & mother as well as villagers of parental village. Thereafter, report (Ex.P/1) was lodged and investigated and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under:-