Dhyan Singh v. State - 2023 Supreme(Online)(Chh) 14355

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(Chh) 14355

CHHATTISGARH HIGH COURT
R.S. Sharma, J
Dhyan Singh v. State

Table of Content
1. overview of the appeal and original conviction. (Para 1 , 2 , 3)
2. arguments presented by appellant and respondent's support for the conviction. (Para 5 , 6 , 7)
3. court's observation regarding evidence reliability and prosecutrix's credibility. (Para 8 , 9 , 10)
4. legal standard for conviction based on evidence quality. (Para 11)
5. final judgment and quashing of the conviction. (Para 12 , 13)

1. The instant appeal has been preferred against the impugned judgment of conviction and order of sentence dated 15.11.2019 passed by learned Additional Sessions Judge, Pendra Road, District Bilaspur (C.G.) in Sessions Trial No. 21/2019 whereby and whereunder, learned Judge convicted the appellant under Sections 376 and 450 of the Indian Penal Code and sentenced him to undergo R.I. for 10 years plus fine of Rs. 5,000/- and R. I. for 5 years plus fine of Rs. 500/ - respectively, with default stipulation.

2. Brief facts of the prosecution case are that, in the intervening night of 29/30 June 2018, the husband of the victim was out of station, at about 1.30 am. accused/appellant entered the house of victim breaking the door of her house, gagged her mouth and forcibly committed