PITAMBAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Mr. Pushkar Sinha, Advocate has been engaged for arguing the case on behalf of the appellant. Despite repeated calls, he has not appeared when the case is called for final hearing, therefore, Mr. Y.C. Sharma, Advocate, who is present in the Court has been appointed as Amicus Curiae to argue the case on behalf of the appellant.

(2.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 20.09.2012 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (amended 2015), Raipur (C.G.) in Special Session Trial No. 31/2012, wherein the said court convicted the appellant for commission of offence under Section 376 (1) of IPC, 1860 and sentenced to undergo R.I. for 7 years and fine of Rs. 2000/- with further default stipulations.

(3.) In the present case, prosecutrix is PW-1. As per version of the prosecution, on 09.01.2012 at about 5:00 p.m., the prosecutrix with her friend namely Pushpa Koshaley went to call for nature where the appellant with his friend Omkeshwar were hidden. The appellant caught the prosecutrix and taken her to an old house in the village and at night forcibly committed rape on her and kept her whole night there and released the prosecutrix at morning. The matter was reported, the appellant was charge-sheeted and convicted as mentioned above.