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RADHE SHYAM SHARMA
Sahodra Bai – Appellant
Versus
Gajendra Singh – Respondent


Advocates:
Counsel for the Parties:
For the Applicant:Shri Sanjeev Banjare, Advocate.
For the Respondent No.1:Shri A. N. Bhakta, Advocate.
For the State/Respondent No.2: Shri Rajendra Tripathi, Panel Lawyer.

ORDER

Radhe Shyam Sharma, J.— This revision is directed against judgment dated 24.11.2006 passed by Additional Session Judge, Korba in Session Trial No. 48/2005. By the impugned judgment, accused/respondent No. 1 Gajendra Singh has been acquitted of the charges under Sections 363, 366 and 376(1) of the Indian Penal Code.

2. Case of the prosecution, in brief, is as under:

On 21.4.2005, at about 1.00 pm, the prosecutrix (PW14) had gone to attend the call of nature in the field of Kharmora situated in Village Barkonha. Respondent No. 1 came there, forcibly caught her and asked her to come with him. On refusal, respondent No. 1 threatened to assault her with a knife. On shouting and crying by prosecutrix (PW14), respondent No.1 did not leave her and saying that he will marry her, took her to Village Kaparmar. On the way, Tijram (PW7), Dhan Singh (PW3) and Tijkunwar (PW1) witnessed respondent No.1 taking prosecutrix (PW14). Respondent No.1 threatened them that if they will inform anyone, he will kill them. Respondent No.1 took prosecutrix (PW14) in the forest situated between Kaparmar and Jobi and committed rape against her. Thereafter, he took her to the house of his relative at Villag

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