AFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No.502 of 2003 Siya Ram, S/o Dukalu, aged 20 years, Calculation Agriculture, R/o Village Achhoti, P.S. Kurud, Distt. Dhamtari (C.G.)

---- Appellant Versus State of Chhattisgarh, Through P.S. Kurud, Distt. Dhamtari (C.G.)

---- Respondent For Appellant: Miss Nirupama Bajpai, Advocate.

For Respondent/State: Mr. Dilman Rati Minj, Deputy Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board

17/03/2018

1. This criminal appeal is directed against the judgment of conviction recorded for offence under Section 376 of the Indian Penal Code and sentence awarded i.e. RI for ten years and fine of Rs.1,000/- and in default of payment of fine further RI for one year, by the convicted accused.

2. Case of the prosecution as unfolded during the course of trial is as under: - 2.1) Jageshwar (PW-3) – father of the prosecutrix lodged FIR on 28-11- 2001 (Ex.P-3) stating that prior to seven months from 26-10-2001at 5 p.m. the appellant threatened her daughter / prosecutrix and took her to the courtyard and committed rape on her. It was further stated that on the said date, she was minor and thereafter, the appellant committed sexual inte