Nand Lal Lohar v. State Of C.G.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1150 of 2001 • Nand Lal Lohar, aged about 30 years, S/o Shri Bisouha Lohar, R/o Khamharia, P.S. Newra, Distt. Raipur, Chhattisgarh. ---- Appellant

Versus

• State of Chhattisgarh Through-P.S. Newra, Distt-Raipur, Chhattisgarh. ---- Respondent For Appellant : None.

For Respondent : Shri Anil Pandey, Government Advocate. Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board 04/11/2017

1. The Appellant has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 2,000/-, with default stipulation.

2. A certificate of incarceration sent by the Jail Superintendent, Central Jail, Raipur (Chhattisgarh) would mention that the Appellant has undergone the entire jail sentence imposed upon him by the Trial Court and already released on 28-02-2006 from the Central Jail.

3. Since no one appears for the Appellant today, therefore, I decide the appeal on merits.

4. I have heard learned Counsel appearing for the State and perused the record to assess the correctness of the impugned judgment of conviction.

5. The appellant has allegedly committed rape with the prosecutrix (PW1) a married lady. In her deposition, she has fully supported the prosecution case and firmly stood by the contents of the FIR and her case diary statement, which is duly corroborated by the FSL report (PW16) and medical report of the accused/appellant.

6. Considering the material available on record, I do not find any merit in this appeal.

7. Consequently, the appeal deserves to be and is hereby dismissed. Sd/- (Arvind Singh Chandel) Judge Shubham