HEERADHAN URAON Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal the challenge levied is to the judgment of conviction and order of sentence dated 18-10-2000 passed by 1st Additional Sessions Judge, Raigarh in ST No. 95/1998 whereby and whereunder he convicted and sentenced the appellants as under :-

(2.) In brief, case of the prosecution is that on 28-4-1998 about 16 hour at village Jamargidi appellants had caught hold the prosecutrix who was 21 years old. Appellant No. 1 Heeradhan had a tomahawk and appellant No. 2 Dhaniram had an axe. Appellant No. 1 Heeradhan committed forcible sexual intercourse with her. Both the appellants had given threats to kill her. On very day prosecutrix lodged an FIR in police station Dharamjaigarh. After completion of the investigation a charge sheet was filed against them. The Trial Court framed the charges against them under Sections 376(2)(g) and 506-II of the Indian Penal Code (in brevity 'IPC'). After conclusion of the trial, the trial Court convicted and sentenced them as aforesaid however they have been acquitted from the offence punishable under Section 376(2)(g), IPC.

(3.) Counsel for the appellants at the outset urged that he is not challenging the conviction of the appellants rather he is challenging only the aforesaid period of sentences of RI for 6 months on each count. He further submitted that the appellants have already undergone jail sentences from 1-5-1998 to 31-8-1998 i.e. about 4 months, thus the period of RI for six months on each count may be reduced to the period already undergone by them.