CHHABIL DAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Shri Prafull N Bharat, Advocate has been engaged by the appellant, but despite repeated calls, none appeared, therefore, Shri Amiyakant Tiwari, Advocate present in the Court is appointed as Amicus Curiae to argue the matter on behalf of the appellant.

(2.) This appeal is directed against the judgment dated 13.12.2011 passed by Additional Sessions Judge Link Court, Dongargrh Distt. Rajnandgaon (CG) in Session Trial No.01/2011 wherein the said Court convicted the appellant for commission of offence under Section 376(1) read with Section 511 of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for four years and to pay fine of 2000/- with default stipulation.

(3.) In the present case, prosecutrix is PW-1. It is alleged by the prosecution that the appellant is by profession a quack. On the date of incident, elder sister of the prosecutrix was not feeling well, the prosecutrix and her elder sister namely Kamini reached to the appellant for treatment and during the course of treatment, the appellant taken the prosecutrix towards kitchen garden of his house and asked her to remove her undergarments and thereafter committed sexual intercourse with her. The matter was reported and investigated and the appellant was charge sheeted and convicted as mentioned above.