BODU Vs. STATE OF CHHATTISGARH
LAWS(CHH)-2019-1-39
HIGH COURT OF CHHATTISGARH
Decided on January 04,2019

Bodu Appellant
VERSUS
STATE OF CHHATTISGARH Respondents

JUDGEMENT

Ram Prasanna Sharma, J. - (1.) This appeal is preferred against the judgment of conviction and order of sentence dated 26-10-2010 passed by the Sessions Judge, Korba, District Korba (CG) in Sessions Trial No. 66 of 2007 wherein the said Court has convicted the appellant for commission of offence under Sections 342, 376 (1) and 506 Part II of the IPC and sentenced him to undergo rigorous imprisonment for three month, RI for seven years and to pay fine of Rs.6,000/- and RI for one year with default stipulations.
(2.) In the present case, prosecutrix is PW/1. As per version of the prosecution, on the date of incident i.e., 11-6-2007 at about 3.30 p.m., at village Tilkeja, present appellant confined the prosecutrix, threatened her life and forcefully committed rape on her. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced him as aforementioned.
(3.) The appeal is preferred on the following grounds: i) There is no eye-witness in the matter and the evidence of prosecutrix is false and unreliable. ii) The link of prosecution story is broken at many points which shows innocent of the appellant. Iii) Version of prosecution witnesses is contradictory and same cannot be basis for conviction, therefore, finding of the trial Court is liable to be reversed.;


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