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2006 Supreme(Online)(Chh) 66

CHHATTISGARH HIGH COURT
Shri Goutam Bhaduri, J
Kishore Bahadur v. State of Chhattisgarh


Advocates:
For the Appellants/Petitioners: Shri Abhay Tiwari
For the Respondents: Shri Ashish Shukla

Table of Content
1. conviction based on prosecutrix's testimony (Para 1 , 2 , 3 , 10)
2. evidence lacks corroboration and has gaps (Para 4 , 11 , 12)
3. issues of consent and testimony reliability (Para 5 , 6 , 7 , 8 , 9 , 14)
4. summary of key findings leading to appeal decision (Para 13)

1. This appeal is directed against the judgment dated 31-10-2002 delivered by Shri Lakhan Singh, learned Addl. Sessions Judge, Distt. Korba in Sessions Trial No. 478/2001 whereby the appellant was convicted under S.376, S.366, S.363 and S.342, IPC and was sentenced to rigorous imprisonment for 7 years and to pay fine of Rs. 500/- under S. 376, IPC, to R.I. for 5 years and fine of Rs. 500/- under S. 366, IPC, to R.I. for 3 years and a fine of Rs. 500/- under S. 363 and to R.I. for 3 months under S. 342, IPC. In default of payment of fine, the appellant was sentenced to undergo S.I. for one month each for offences under S.363, S.366 and S.376, IPC.

2. The prosecution story in brief is that the prosecutrix, aged about 17 years and 2 months and a student of Class IX, left for her school on a cycle at about 10.15 a.m. from her house. Near Polytechnic College, by the side of the road, the appellant Kishore B



















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