OMKESHWAR SAHU S/O BHAGIRATHI SAHU Vs. STATE OF CHHATTISGARH THROUGH SHO, POLICE STATION ARANG, DISTRICT RAIPUR (CG)

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 20-9-2012 passed by Special Judge (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1985 ) Raipur (CG) in Special Sessions Trial No. 30 of 2012 wherein the said Court has convicted the appellant for commission of offence under Section 376 (1) of the IPC and sentenced him to undergo rigorous imprisonment for seven years and to pay fine of Rs.2000/- with default stipulations.

(2.) In the present case, prosecutrix is PW/1. As per prosecution case, on 9-1-2012 at about 5.00 p.m., prosecutrix along with her friend namely Koushilya Ratre went to call of nature where the appellant who is with his friend Pitambar was hidden. The appellant caught prosecutrix and her friend teased them. When she cried one villager namely Dinesh Satnami saw them and when he raised voice, the appellant and his friend fled away from the spot. After passing of some time when prosecutrix was returning to her home at that time appellant caught her and forcefully took her to one old house in village and at night forcefully committed sexual intercourse with her and kept her whole night there and released her in the morning. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced him as aforementioned.

(3.) Learned counsel for the appellant would submit as under: