Udal Satnami v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No.1270 of 2002 Udal Satnami, son of Sukhiram Satnami, aged 65 years, r/o Village Tenganagarh, P.S. Pathariya, District Bilaspur, Chhattisgarh ---- Appellant versus State of Chhattisgarh through District Magistrate Bilaspur, Chhattisgarh --- Respondent For Appellant :

Shri K. K. Singh, Advocate For State/Respondent :

Shri S.K. Mishra, Panel Lawyer Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board 23.9.2017 1.

The Appellant has been convicted under Sections 376, 506B and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years, 3 years and 3 months and to pay fine of Rs.2000/-, Rs.1000/- and Rs.200, respectively, with default stipulation.

2.

A certificate of incarceration sent by the Jail Superintendent, Central Jail, Bilaspur and received today would mention that the Appellant has undergone the entire jail sentence imposed upon him by the Trial Court and already released on 19.12.2009 from the Central Jail.

3.

I have heard Learned Counsel appearing for the Appellant. He submitted that the Appellant has been falsely implicated in the case.

4.

Per contra, Learned Counsel appearing for the State supported the impugned judgment.

5.

I have perused the record to assess the correctness of the impugned judgment of conviction.

6.

The Appellant has allegedly committed forcible sexual intercourse with a married lady (PW2). In her deposition, the prosecutrix (PW2) has fully supported the prosecution case and has firmly stood by the contents of the FIR and her case diary statement. Her statement is duly corroborated by her husband Atmaram (PW1), Ramlal (PW5), Prem Bhargava (PW8) and Latel (PW9). 7.

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

8.

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