ROHIT YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal, challenge is levied to the judgment of conviction and order of sentence dated 11-11-2010 passed by the Addl. Sessions Judge, Katghora, Distt. Korba whereby and whereunder he convicted and sentenced the appellant as under:-

(2.) This is admitted by the appellant that the prosecutrix and he lived in a rented house of Jivanlal Tiwari. Ramlal was also residing there on rent. P.W. 5 Jivanlal Tiwari knows him as well as the prosecutrix.

(3.) In brief, prosecution story is that at the time of incident, prosecutrix was residing in village Lalmatiya and was 27 years old. On 20-5-2009 in the morning, husband of the prosecutrix had gone to his duty. Prosecutrix along with her 20 days' old child was present inside the room. At about 13.15 pm, the appellant entered in the house of the prosecutrix, gave her threat, beat her and committed forcible sexual intercourse with her. After return of the husband of the prosecutrix, she narrated him about the incident. On the very day at about 19.35 pm, prosecutrix lodged the FIR vide Ex. P-5 at Police Station Korba. After completion of investigation, a charge sheet was filed against the appellant under Sections 450, 323, 376 and 506 of the Indian Penal Code (in brevity 'IPC'). The trial Court framed charges against the appellant under Sections 450, 323, 376 and 506-II of the IPC. The appellant abjured the charges levelled against him and faced trial. To bring home the charges, the prosecution examined as many as 11 witnesses. The appellant had also examined two witnesses in his defence. After completion of trial, the trial Court acquitted the appellant from the charge punishable under Section 506-II, IPC however convicted and sentenced him as mentioned above. Being aggrieved by the aforesaid conviction and sentence, the appellant has preferred this appeal.