DHANI RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 30-09-2002 passed by VI Additional Sessions Judge (FTC) Kanker, CG in Sessions Trial No. 549 of 2002 wherein the said Court has convicted the appellant for commission of offence under Sections 454, 376 (1) and 506 Part II of the IPC and sentenced him to undergo rigorous imprisonment for one year and fine of Rs.500/-, RI for ten years and fine of Rs.1000/- and RI for one year and fine of Rs. 500/- with default stipulations.

(2.) As per prosecution case, appellant entered into the house of prosecutrix situated at Kukripara, Narayanpur on 4- 7-2001 at about 12.00 noon when her family members were out of station and committed sexual intercourse with her without her consent and against her will and threatened her to kill. 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: