PRITLAL YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 29.09.2012 passed by Sessions Judge, Kabirdham (Kawardha) (C.G.) in Session Trial No. 71/2011, wherein the said court convicted the appellant for commission of offence under Sections 363, 354, 323 & 376/511 of IPC, 1860 and sentenced to undergo R.I. for 3 years and fine of Rs. 1000/-, R.I. for 1 year, R.I. for 6 months & R.I. for 5 years & fine of Rs. 1000/- respectively with further default stipulations. All the sentences are run concurrently.

(2.) As per version of the prosecution, on 05.10.2011 at about 5:30 p.m., one Mohan (PW-2) lodged a report at police station- Sahapur Lohara that at about 3:00 p.m., the present appellant took his daughter-in-law who is aged about 5 years to river side and kept his finger in her private part and tried to outrage her modesty. The 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:-