CHANDER BAHADUR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated October 7,1995 and October 9,1995 whereby the convict/appellant (hereinafter referred to as the appellant in order to facilita te the reference) was found guilty under Section 376 of the Indian Penal Code and was sentenced to undergo RI for four years and to pay a fine of Rs. 1,000.00 . In case of his failure to clear the fine he was further sentenced to undergo Rl for one month. The appellant was further sentenced to undergo RI for one year under Section 506, IPC. Both the sentences were to run concurrently.

(2.) Brief facts which led to the present appeal are as under: that the appellant had sexual intercoursewithSmt.Promila (hereinafter referred to as the prosecutrix) against her Will and without her consent on July 2,1994 at about 9.00 a.m. at the hut belonging to her situated at A-9 Block, DDA Park, East Patel Nagar, New Delhi. The appellant while doing so is alleged to have threatened the prosecutrix with death also.

(3.) Learned Additional Sessions Judge after the appraisal of oral as well as documentary evidence came to the conclusion that the prosecution had succeeded in bringing home the guilt to the appellant under Sections 376 and 506, Indian Penal Code and sentenced him to undergo RI for four years with a fine of Rs. l,000.00 undersection 376, IPC. In case of default of payment of fine the appellant was further directed to undergo Rl for one month. The appellant was also sentenced to undergo Rl for one year undersection 506, IPC. Aggrieved and dis-satisfied with the same the appellant has approached this Court.