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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY
Ram Khilavan S/o Kodu Shikari – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
RAJANI DUBEY, J.
1. This appeal arises out of the judgment of conviction and order of sentence dated 09.07.2007 passed by the Sessions Judge, Bilaspur (C.G.) in Sessions Trial No. 70/2007 convicting and sentencing the accused/appellant as under:-
| CONVICTION | SENTENCE |
| Section 376 of IPC | R.I. for 10 years and fine of Rs.500/- in default of payment of fine amount, additional R.I. for 03 months |
| Section 450 of IPC | R.I. for 10 years with fine of Rs.500/-, in default of payment of fine amount, additional R.I. for 03 months |
2. The prosecution story, in brief, is that about four to five days prior to 02.10.2006, the prosecutrix’s husband, son, and daughter-in-law had gone to Khannaudi, Shahdol for earning their livelihood and for making and selling mats. On 02.10.2006, the prosecutrix’s grandsons, namely Ramphal, Ram Milan, and Ram Jeevan, had gone to watch Ramleela in the locality during the night. The prosecutrix had locked the door of the house and was sleeping inside. At about 9:30 p.m., someone knocked at the door. Upon being asked who it was, the accused replied that he was Ram Khilawan and that he had come to meet his uncle. The prosecutrix, believing him to be her nephew, opened th
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