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CHHATTISGARH HIGH COURT
G. K. Pande, J
Dharam Sai – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
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| 1. the case involves the appeal against the conviction under rape charges. (Para 1 , 2 , 3 , 4) |
| 2. defense argues that prosecutrix's testimony lacks confidence. (Para 5) |
| 3. court finds the prosecutrix's testimony unreliable. (Para 6 , 10 , 11 , 12 , 14) |
| 4. contradictions in testimony call into question the prosecution's credibility. (Para 7 , 8 , 9 , 13) |
| 5. appeal is allowed and appellants acquitted. (Para 15) |
1. This appeal is directed against the judgment dated 19-10-2001 delivered by Shri T. R. Burman, 1st Additional Sessions Judge, Ambikapur, Dist. Surguja in Sessions Case No. 189/2001 whereby the appellants were convicted for offence under S.376(2)(g) of IPC and were sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. 1000/- and in default to undergo R.I. for 6 months each.
2. Briefly stated the prosecution story is that on 16-5-2000 at about 10.00 p.m. the prosecutrix aged about 17 years, was returning from village Aara to her home in Hardijhiria. She was accompanied by Manju and Lalsai. On way near Ginamoda the appellants started teasing her. The appellant Dharam Sai pulled the hand of the prosecutrix. When Manju and Lalsai intervened they wer
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