SUKALU S/O. PANDEYRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 21-8-2001 passed by First Additional Sessions Judge, Baikunthpur (Koria), CG in Sessions Trial No. 210 of 2001 wherein the said Court has convicted the appellant for commission of offence under Section 376 (1) of the IPC and sentenced him to undergo rigorous imprisonment for seven years.

(2.) In the present case, prosecutrix is PW/6. As per version of prosecution, prosecutrix was working as a labourer in construction work of Girls School where appellant was Massion. In the after noon when two other female labourers left the place, appellant came into room of the prosecutriix, caught hold her, removed her garments and also removed his full pant and thereafter committed sexual intercourse with her without her consent and against her will and he did not heed to the objection raised by the prosecutrix. Prosecutrix was in fear and she informed about the incident after one day to her husband because she was not willing that any violence will take place between her husband and the appellant. The matter was reported at Police Station Patna after seven days as per Ex.P/9. After completion of trial, the trial Court convicted and sentenced him as aforementioned.

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