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2009 Supreme(Chh) 338

R.N.CHANDRAKAR
RAMLAL – Appellant
Versus
STATE OF C. G. – Respondent


Advocates appeared:
Shri N .P. Kostha, Advocate, for the Appellant.
Shri Akhil Agrawal, Panel Lawyer, for the State.

JUDGMENT

1. This appeal is directed against the judgment dated 20-12-2000 passed by 3rd Additional Sessions Judge, Bastar at Jagdalpur (CG) in Sessions Trial No.383 of 2000 convicting the appellant for the offence punishable under Section 376 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for ten years and to pay fine of Rs. 5000/-, in default of payment of fine to further undergo R.I. for one year.

2. Facts of the case, in brief, are that FIR (Ex.P/1) was lodged on 31-7-2000 in Police Station - Frezarpur by Surajbati prosecutrix (PW /1) alleging that before one year from the date of lodging the report when the prosecutrix namely Surajbati (PW/1) aged about 19 years was working in the field, the appellant came there and committed rape on her. When the prosecutrix Surajbati told him that she would report the matter to Police Station, the appellant convinced her on the assurance of marriage. Thereafter, the appellant regularly had sexual intercourse with the prosecutrix as a result of which she became pregnant. Thereafter, a Panchayat meeting was convened in the village in which the appellant accepted the allegation alleged against him and took her with hi























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