TULSI KUMAR KHARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal the challenge is levied to the judgment of conviction and order of sentence dated 28-5-2008 passed by Sessions Judge, Bilaspur (CG) in ST No. 162/2007 whereby and whereunder he convicted and sentenced the appellant as under :-

(2.) This is admitted by the appellant that prosecutrix is his sister-inlaw in relation.

(3.) In brief the prosecution story is that prosecutrix was a resident of village Kadar. She was about 12 years old at the time of incident. On 3- 5-2007 at about 1.30 pm she had gone to her field to watch the paddy crop. At that time, appellant reached there, caught hold her, threw her down on the ground, torn her frock and forcibly committed sexual intercourse with her. Kotwar was not present in the village thus, she lodged the FIR on the next day in police station Chakarbhatha. After the investigation, a charge sheet was filed against him. The trial Court framed charge against him under Section 376(1) of the Indian Penal Code (in brevity 'IPC'). After completion of trial, trial Court convicted and sentenced him as aforesaid.