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2015 Supreme(Online)(Chh) 148

CHATTISGARH HIGH COURT
Special Judge (S.C.& S.T. Act), Drug, J
Duleshwar v. State of Chhattisgarh


Advocates:
For the Appellants/Petitioners:
For the Respondents: learned counsel for the State

1. This criminal appeal is directed against the judgment of conviction and order of sentence dated 29th September, 2010 passed by learned Special Judge (S.C.& S.T. Act), Drug in Special Case No.43/2009, whereby and where under, the appellant has been held guilty of commission of offence under S.451, S.450 and S.376 (1) of the IPC and sentenced as under:
Conviction Sentence
U/s. 451 of the IPC R.I. for 1 year and fine of Rs.2000 / , in default of payment of fine, additional R.I. for 1 month
U/s. 450 of the IPC R.I. for 7 years and fine of Rs.2000/-, in default of payment of fine, additional R.I. for 6 months
U/s. 376 (1) of the IPC R.I. for 7 years and fine of Rs.2000/-, in default of payment of fine, additional R.I. for 6 months


2. Prosecution case is that on 1.8.2009 at about 4:15 p.m. in the evening, the appellant caught hold of the prosecutrix (PW 6) in the house of her friend Ku. Aasin (PW 7) and committed rape on her and when her maternal grandmother Dulourin Bai (PW 8) returned from her maternal house, this fact was informed to her by the prosecutrix, a minor and, thereafter, Dulourin Bai along with Kotwar took the matter to the family members of the appellant and finally FIR





















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