LAWS(CHH)-2019-3-123

LALIT SINHA S/O LT BHUNESHWAR PRASAD SINHA Vs. STATE OF CHHATTISGARH, THROUGH PS- NEW RAJENDRA NAGAR, DISTRICT RAIPUR (C G )

Decided On March 29, 2019
Lalit Sinha S/O Lt Bhuneshwar Prasad Sinha Appellant
V/S
State Of Chhattisgarh, Through Ps- New Rajendra Nagar, District Raipur (C G ) Respondents

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 10.09.2010 passed by 14th Additional Sessions Judge (F.T.C.), Raipur (C.G.) in Session Trial No. 113/2010, wherein the said court convicted the appellant for commission of offence under Section 376 (2)(f) of IPC, 1860 and sentenced to undergo R.I. for 10 years and fine of Rs. 1000/- with further default stipulations.

(2.) In the present case, prosecutrix is PW-1 who is aged about 6 years. As per version of the prosecution, on 08.05.2009 at about 5:30 pm., the appellant committed rape on prosecutrix. The matter was informed to mother of the prosecutrix namely Gayatri (PW-2). Prosecutrix was medically examined. The matter was reported, appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under:-