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2013 Supreme(Online)(Chh) 275

CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Jaganu Sahu – Appellant
Versus
State – Respondent


Advocates:
For the Appellant: R. K. Sharma
For the Respondent: Sandeep Yadav

1. This appeal is directed against judgment dated 27-9-2002 passed by Additional Sessions Judge, Muneli, District Bilaspur in Sessions Trial No. 104/2001. By the impugned judgment, accused / appellant Jaganu Sahu has been convicted and sentenced in the following manner with a direction to run the sentences concurrently : -
Conviction Sentence
Under S.376 (1), IPC Rigorous imprisonment for 7 years and to pay fine of Rs. 2,000/-, in default of payment of fine, to undergo simple imprisonment for 6 months.
Under S.506 - B, Rigorous imprisonment for 1 year and to pay fine of Rs. 500/-, in default of payment of fine, to undergo simple imprisonment for 1 1/2 month.


2. Case of the prosecution, in brief, is as under:
On 11-2-2001, at about 10.00 a.m., prosecutrix (PW 1) had gone to forest for collecting wood along with her friends Kalyani Bai (PW 4) and Rukhmani Bai (PW 5). When she was collecting the wood, appellant Jaganu Sahu came there behind prosecutrix (PW 1) and caught her. When she tried to shout, the appellant gagged her mouth with lungi, caused her to fall down and committed forcible sexual intercourse with her. Having heard her shout, her both friends Kalyani Bai (PW 4) and Rukh







































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