ACHHELAL SON OF DWARIKA PRASAD JAISWAL Vs. STATE OF CHHATTISGARH THROUGH DISTRICT MAGISTRATE, KORBA (CG)

JUDGEMENT

(1.) Challenge in this appeal is levied to the judgment of conviction and order of sentence dated 25-4-2001 passed by the Additional Sessions Judge, Korba, Distt. Korba, CG in ST No. 544/1998 whereby and whereunder he has convicted and sentenced the appellant as under :-

(2.) In brief, the prosecution story is that at the time of alleged incident prosecutrix was 27 years old. She was resident of Purani Basti, Darri. On 24-11-1998 in the night she slept in her house along with her minor daughter Ku. Archna aged 7 years and minor son Ashish aged 5 years. Her husband was not present in the house. At about 1 am neighbour- appellant entered in her house, overpowered her, she shouted, he pressed her mouth and committed forcible sexual intercourse with her. Meanwhile, her daughter Archna woke up and asked him to leave her mother. Thereafter, he ran away from the spot. In the morning she narrated the incident to neighbour Brahaspati Bai and by telephone to his brother Bajrang. On 25-11-1998 at about 9.05 am she lodged an FIR in PS Darri. After completion of the investigation, a charge sheet was filed against him for the offences punishable under Sections 450 and 376, of the Indian Penal Code (in brevity 'IPC'). The trial Court framed the charges against him under Sections 450 and 376 of the IPC. He abjured the charges and faced the trial. To bring home the charges against him, the prosecution examined as many as 10 witnesses. He examined one witness in his defence. After conclusion of trial, the trial Court convicted and sentenced him as mentioned above.

(3.) Being aggrieved by the aforesaid judgment of conviction and order of sentences, the appellant has preferred this criminal appeal.