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2020 Supreme(Chh) 22

RAM PRASANNA SHARMA
LAXMINARAYAN PATEL – Appellant
Versus
STATE OF CHHATTISGARH, THROUGH POLICE STATION DHARSIVA, DISTRICTRAIPUR (C G ) – Respondent


Advocates Appeared:
Anil Singh Rajput, Advocate, Ishwar Jaiswal, Advocate

JUDGMENT

Ram Prasanna Sharma, J. - This appeal is preferred against the judgment dated 4th June, 2011 passed by Special Judge constituted under Scheduled Caste/Scheduled Tribe (Prevention of Atrocity) Act 1989, Bilaspur (C.G.), in Special Sessions Trial No. 36/2010 wherein the said Court convicted the appellant for charge under Sections456 and 354 of Indian Penal Code, 1860 and sentenced him to undergo R.I. for six months and fine of Rs. 1000/-, R.I. for 6 months and fine of Rs. 1000/- respectively with default stipulations.

2. In the present case, prosecutrix is (PW-1) as per version of prosecution, on 23rd April, 2010 in the night at about 11.00 pm when prosecutrix is sleeping in her house. The appellant entered into the said house and caught hands of the complainant, on her shouting the other family members wakened and caught the accuse/appellant and ousted the appellant. Matter was reported and appellant was charge-sheeted and convicted as mentioned above.

3. Learned counsel for the appellant submits as under:-

(i) The trial Court has overlooked the material contradictions and omissions of the prosecution witnesses.

(ii) The independent witnesses namely Bharatnath (PW-4) is no

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