Suresh Koushik S/o. Ramjilal Koushik vs State of Chhattisgarh, through Police Station Sahashpur Lohara, Kawardha (C. G. )

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Chh) 369

SANJAY KUMAR JAISWAL
Suresh Koushik S/o. Ramjilal Koushik – Appellant
Versus
State of Chhattisgarh, through Police Station Sahashpur Lohara, Kawardha (C. G. ) – Respondent

Advocates Appeared:
For the Appellant : Mr. Rahil Arun Kochar and Mr. Anurag Sonwani.
For the Respondent:Mr. Devesh Verma, Govt. Advocate.

JUDGMENT :

1. The present appeal arises out of the impugned judgment of conviction and order of sentence dated 31.01.2003 passed by the Additional Sessions Judge (FTC), Kawardha (C.G.) in Sessions Trial No.163 of 2001 whereby, the learned Additional Sessions Judge convicted the appellant and sentenced him as under :-

Conviction	Sentence
Under Section 376 (1) of Indian Penal Code, 1860	R.I. for 10 years and fine of Rs.5,000/-, in default of payment of fine amount, additional R.I. for 1 year.
Under Section 450 of Indian Penal Code, 1860	R.I. for 10 years and fine of Rs.5,000/-, in default of payment of fine amount, additional R.I. for 1 year.
Both the sentences were directed to run concurrently.

2. The prosecution story, in brief, is that, prosecutrix (PW-5) was aged about 15 years and resident of village Singhanpuri. Prior to 15-16 days of 28.10.2001, prosecutrix and her younger brother, namely, Netram was present in their house. At about 11.00 AM, prosecutrix was making food, at that relevant time, appellant came to their house and talked with Netram

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2023 Supreme(Chh) 369

SANJAY KUMAR JAISWALSuresh Koushik S/o. Ramjilal Koushik – AppellantVersusState of Chhattisgarh, through Police Station Sahashpur Lohara, Kawardha (C. G. ) – Respondent

Cases Referred (3)

SANJAY KUMAR JAISWAL
Suresh Koushik S/o. Ramjilal Koushik – Appellant
Versus
State of Chhattisgarh, through Police Station Sahashpur Lohara, Kawardha (C. G. ) – Respondent