Jagarnath Ram Asoor v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.A No. 1107 of 2007 • Jagarnath Ram Asoor S/o Chhandanu Ram Asoor aged about 30 years, Occupation - Farming, R/o Village - Handikona, Thana - Jashpur, District - Jashpur (C.G.) ---- Appellant

Versus

• State Of Chhattisgarh through the District Magistrate, Jashpur (C.G.) ---- Respondent _________________________________________________________ For Appellant : None For Respondent/State : Smt. M. Asha, P. L . For the State.

Hon'ble Shri Justice Arvind Singh Chandel Judgment On Board 04.11.2017

1. The Appellant has been convicted under Section 376 (1) of the Indian Penal Code and sentenced with Rigorous Imprisonment for ten years.

2. A certificate of incarceration sent by the Jail Superintendent, Central Jail, Ambikapur would mention that the appellant has undergone the entire jail sentence imposed upon him by the Trial Court and already released from the Central Jail on 01.07.2014.

3. Since no one appears for the Appellant today, I decide this

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 (PW-3), aged more than 16 years. In her deposition, the prosecutrix has fully supported the case of the prosecution and has firmly stood by the contents of her case diary statement. Her statement is duly corroborated by father of the prosecutrix Sunil Minz (PW- 4). The case of the prosecution is also corroborated by Dr. Romaniyush Kerketta (PW-1) and Dr. Smt. P.C. Ekka (PW-8) and their medical examination reports (Ex- P1 and Ex- P16). Though F.I.R. (ExP5) was lodged with some delay yet delay is duly explained.

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 Pawan