HARISH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 12-09-2001 passed by the Additional Sessions Judge, Mungeli, District Bilaspur (CG) in Sessions Trial No. 269 of 2000 wherein the said Court has convicted the appellant for commission of offence under Sections 376(1), of the IPC and sentenced him to undergo rigorous imprisonment for seven years and to pay fine of Rs.2000/- with default stipulations.

(2.) In the present case, prosecutrix is PW/1. She is resident of Piparpara, Mungeli. On th date of incident i.e., 4-7-2000 at about 9.00 pm she went to ease herself and at the same time appellant reached there, pressed her mouth, dragged her to place of cremation, made her lay down on the earth, removed her garments and committed sexual intercourse with her without her consent and against her will. Her mother reached to the spot for search of prosecutrix and after seeing her mother, appellant fled away from the spot. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced him as aforementioned.

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