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CHHATTISGARH HIGH COURT
Goutam Bhaduri, J
Rupesh Kumar v. State of Chhattisgarh
| Table of Content |
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| 1. details of prosecution's claims regarding the attempted crime. (Para 1 , 3 , 12) |
| 2. assessment and reviewing of evidence presented by both parties. (Para 4 , 5 , 6) |
| 3. witness accounts corroborate the prosecutrix's testimony. (Para 7 , 8 , 17) |
| 4. legal distinction between modesty and attempted rape. (Para 18 , 19) |
| 5. final determination of conviction and sentence modification. (Para 24 , 25 , 26 , 27) |
1. This appeal is directed against the judgment of conviction and order of sentence dated 31-12-2008 passed by the Sessions Judge, Raipur in Sessions Trial No. 70/2008, whereby learned Sessions Judge after holding the accused / appellant guilty for commission of offence under S.376 read with S.511 of the IPC , sentenced him to undergo RI for five years and pay fine of Rs. 1,000/-, in default of payment of fine to further undergo RI for three months.
2. Judgment of conviction is challenged on the ground that without any evidence relating to attempt to commit rape against the appellant the Court below has convicted and sentenced the appellant and thereby committed illegality.
3. Case of the prosecution, in brief, is that on 30-9-2007 at about 9 a.m. the prosecutrix, aged ab
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