KUTUMBHDAS S/O MOTIDAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 24-3-2009 passed by the Sessions Judge, Kabirdam, Dist Kawardha in Sessions Trial No. 23 of 2008 wherein the said Court has convicted the appellant for commission of offence under Sections 376 (1) and 506 part II of the IPC and sentenced him to undergo rigorous imprisonment for seven years and to pay fine of Rs.500/- and RI for six months, with default stipulations. Both the sentences are directed to run concurrently.

(2.) In the present case, victim is PW/6. As per version of prosecution on the date of incident i.e., on 30-12-2007 at about 10.00 pm at village Hathleva both victim and her husband were looking after the paddy which was kept in their barn. Her husband left the place to home for taking meals and at the same time appellant entered there, caught hold the prosecutrix, threatened her to kill, pressed her mouth and thereafter committed forceful rape on her. When her husband returned to barn, prosecutrix informed him about the incident and on the next day report was lodged at Police Station Kawardha. After completion of trial, the trial Court convicted and sentenced him as aforementioned.

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