DINOO RAM KANWAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal the challenge is levied to the judgment of conviction and order of sentence dated 29-7-2003 passed by 4th Addl. Sessions Judge Durg (CG) in Sessions Trial No. 298/2002 whereby and whereunder he convicted and sentenced the appellant as under:-

(2.) In brief the prosecution story is that on 20-8-2002 prosecutrix was about 18 years old. She was resident of village Gunderdehi. On 20-8- 2002, prosecutrix was alone in her house. Her parents had gone out for job. At about 11.00 am appellant entered into her house, closed the doors, committed sexual intercourse with her. When she tried to shout he pressed her mouth. He threatened her if she will narrate the incident then he will kill her. When her parents returned back she narrated the incident to them. On the very day, at about 19.00 hours she went to police station Gunderdehi and lodged an FIR against him. After completion of investigation, a charge sheet was filed against him under Sections 376, 450, 506 of Indian Penal Code (in brief, 'IPC'). Trial Court framed charge against him under Sections 376, 450 and 506 of IPC. He abjured the charge and faced trial. To bring home the charges the prosecution examined 6 witnesses in all, he examined 4 witnesses on his defense. After completion of trial, trial Court convicted and sentenced him as aforesaid.

(3.) Being aggrieved the appellant has preferred this criminal appeal.