GAJENDRA KUMAR Vs. STATE OF C.G.

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment of conviction and order of sentence dated 28-10-2006 passed by the 1st Additional Sessions Judge, Durg in Sessions Trial No. 198/2005 whereby and whereunder learned Additional Sessions Judge after holding the Appellant guilty for commission of offence under Sections 450 and 376(1) of the I.P.C., sentenced him to undergo R.I. for five years and pay fine of Rs. 1,000/-, in default of payment of fine to further undergo S.I. for three months and to undergo R.I. for ten years and pay fine of Rs. 1,000/-, in default of payment of fine to further undergo S.I. for three months, respectively. Learned Additional Sessions Judge also directed that the sentences shall run concurrently.

(2.) JUDGMENT is challenged on the ground that without any iota of evidence, especially the age of the prosecutrix below 16 years and in absence of corroboration of the statement of prosecutrix, the Court below has convicted and sentenced the Appellant and thereby committed illegality.

(3.) IN order to prove the guilt of the Appellant, the prosecution has examined as many as fourteen witnesses and statement of the Appellant was recorded under Section 313 of the Code of Criminal Procedure in which he denied the circumstances appearing against him, pleaded innocence and false implication.