2024:CGHC:36846 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 688 of 2011

1 - Mahendra Kumar @ Golu S/o Horilal Kaushik, R/o Dahda, P.S.

Chakarbhatha, Distt.-Bilaspur, C.G.

... Appellant versus

1 - State Of Chhattisgarh, through the Station House Officer, Police Station Chakarbhata, District Bilaspur (CG)

... Respondent For Appellant : Shri Rudra Pratap Dubey Advocate on behalf of Shri Gautam Khetrapal, Advocate For Respondent/State : Shri Mandvi Bharadwaj, PL (Hon’ble Shri Justice Arvind Kumar Verma)

Judgment on Board

18/09/2024 This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) is directed against the impugned judgment of conviction and order of sentence dated 16.12.2010 passed by the learned Nineth Additional Sessions Judge, (FTC) Bilaspur (CG)

in Sessions Trial No.80/2010 whereby the appellant has been found guilty for the commission of offence under Section 436 IPC and sentenced to undergo RI for 3 years and to pay fine of Rs. 3,000/- in default of payment of fine to further undergo additional imprisonment for two months.

2. Allegation against the appellant is that the complainant Ramshila Bai used to reside along with her husband at vi