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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Rajani Dubey, J
Satyanarayan Yadav – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. overview of the criminal appeal and initial conviction. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by both parties regarding the conviction. (Para 5 , 6) |
| 3. discussion on the evidence presented and the credibility of the victim. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 18) |
| 4. court's reasoning on the reliance of testimony for conviction. (Para 17 , 19) |
| 5. final decision to acquit the appellant. (Para 20) |
C A V Judgment
1. This criminal appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 which has arisen out of the judgment of conviction and order of sentence dated 05.03.2008 passed by learned Special Judge, SC & ST Act (Prevention of Atrocities) Act, 1989 in Special Sessions Trial No.
97/2008, Janjgir, Surguja District- Surguja (C.G.), wherein the said Court convicted the appellant and sentenced him as under :-
Conviction
Sentence
Under Section 376 (1) of IPC
R.I. for 07 years and payment of fine of Rs.200/, in default of payment of fine, to undergo additional R.I. for 01 month.
Prosecution Story:-
2. Brief facts of the case are that on the date of the incident i.e., 27.11.2005 in the evening, the complainant/victim (PW
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