MUKESH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the final judgment and order dated 10.08.2010, passed by the High Court of Chhattisgarh at Bilaspur, in Criminal Appeal No.342 of 1996 dismissing the appeal of the appellant and upholding the conviction and sentence passed by the Trial Court in Sessions Trial No. 79 of 1995, whereby the appellant was found guilty for the offence punishable under Section 376 of IPC and was sentenced to undergo rigorous imprisonment for seven years with a fine of Rs.500/- and in default, to undergo further simple imprisonment for 5 months.

(2.) For the purpose of considering the rival legal contentions urged in this appeal and with a view to find out whether this Court is required to interfere with the impugned judgment of the High Court, the necessary facts are briefly stated hereunder:

(3.) On appeal, the High Court after going through the evidence on record and the statement of the witnesses held that though, there appears to be minor contradictions in the statement of the prosecutrix with respect to the timing of lodging the FIR, but considering her entire statement, it is held that the same is rendered insignificant. Thus, the factual aspect of the matter does not lead the court to disbelieve the testimony of the prosecutrix which has already been supported by other witnesses. The appeal was thus dismissed on the ground that it was without substance. Hence, this appeal.