High Court Of ChhattisgarhCRA/726/2009dismissed

Yashwant @ Jattu Ghasi v. State Of Chhattisgarh

2017-11-04Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 726 of 2009 • Yashwant @ Jattu Ghasi, S/o Seetaram, Aged about 20 years, R/o Village Bhulsikala, Police Station Kusumi, Distt. Surguja (C.G.) ---- Appellant

Versus

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

For Respondent : Smt. M. Asha, Panel Lawyer for the State. Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board 04/11/2017

1. The Appellant has been convicted under Sections 376(1), 366, 506(B), 324 and 341 of the Indian Penal Code and sentenced with RI for 10 years and fine of Rs. 2,000/-, RI for 10 years and fine of Rs. 1,000/-, RI for 7 years and fine of Rs. 500/-, RI for 3 years and fine of Rs. 500/- and SI for 1 month and fine of Rs. 200/-, respectively, with default stipulations.

2. A certificate of incarceration sent by the Jail Superintendent, Central Jail, Ambikapur (Chhattisgarh) would mention that the Appellant has undergone the entire jail sentence imposed upon him

by the Trial Court and already released on 06-04-2016.

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 the offence under Sections 376(1), 366, 506(B), 324 and 341 of the Indian Penal Code. The prosecutrix (PW2) has fully supported the prosecution case and has firmly stood by the contents of her case diary statement and the FIR (Ex. P3), which is duly corroborated by the medical report (Ex.P1), statement of Dr. Shashikala Toppo (PW1) and FSL report (Ex.P20). Father of the prosecutrix Filmon Tigga (PW3) has also supported the statement of the prosecutrix.

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