Dinesh Deshmukh vs State of Chhattisgarh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Chh) 559

NARENDRA KUMAR VYAS
Dinesh Deshmukh – Appellant
Versus
State of Chhattisgarh – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Praveen Dhurandhar, Advocate
For the Respondent: Mr. S.S. Baghel, Dy. GA

JUDGMENT :

NARENDRA KUMAR VYAS, J.

1. This Criminal Appeal under Section 374 (2) of CrPC has been filed against the judgment of conviction and order of sentence dated 16.08.2002 passed by Sixth Additional Sessions Judge, Durg in Sessions Trial No. 51 of 2002 by which the appellant has been convicted under Section 376 read with Section 511 IPC and has been sentenced to undergo rigorous imprisonment for 3 years and six months with fine of Rs.500/-, in default of payment of fine 1 month rigorous imprisonment under Section 376 read with Section 511 of the IPC.

2. The necessary facts for disposal of the present appeal in short are that on 21.11.2001 at about 7.00 AM, the victim girl, who was aged about six years old at the relevant time was residing adjacent to the house of the appellant had gone to the house of the appellant for playing. Further case of the prosecution is that after returning from the house of the appellant, while crying the victim girl told her mother that her undergarment was wet and there was some spot in it. Subsequently, her mother asked her regarding wetness of her undergarment then she informed that present appellant has laid down her on the bed and forcibly rubbed