The appellant appealed against conviction and sentence for rape under Section 376(1) IPC. The High Court reviewed the trial court record and witness evidence, finding no error in the conviction and sentence. The appeal was dismissed, upholding the lower court's decision.
Appeal dismissed; conviction and sentence upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CR.A. No. 663 of 2014
Roshan Gandharv, S/o. Latel Gandharv, Aged About 28 Years, R/o. Village Malhar, P.S. Masturi, Distt. Bilaspur C.G..
---- Appellant
Versus
State Of Chhattisgarh, Through : The District Magistrate Bilaspur C.G..
| -----Respondent | |
|---|---|
| For Appellant | : Mr. R.K. Gupta, Advocate |
| For Respondent/State | : Mr. Vijay Bahadur Singh, Panel Lawyer |
Hon'ble Shri Justice Rajendra Chandra Singh Samant
Order On Board
13/12/2018
Page No.2
When the appellant came on the spot and by force committed the offence of rape with her. The prosecutrix immediately informed about the incident to her family members and thereafter, the unnumbered FIR was lodged in the police out post – Malhar vide Ex.P-1, which was again registered as numbered FIR vide Ex.P-12 in the police Station – Masturi. The prosecutrix was medically examined and the findings were reported by the examining doctor vide Ex.P-9. Clothes of the prosecutrix was examined by the doctor, which was sealed and handed over to the investigation officer. Prosecutrix was also examined radiologically and report vide Ex.P11 was given. The appellant was examined by the doctor and found that he was physically fit for having sexual intercourse. Investigation was conducted and after completion of investigation, charge-sheet was filed before the concerned Court.
Page No.3
also submitted that the appellant has been released from the jail after completion of sentence of imprisonment imposed upon him including remission in sentence given by the State time to time.
Sd/(Rajendra Chandra Singh Samant) Judge
Balram
2 issues framed by the court
Whether the trial court committed any error in convicting the appellant for rape under Section 376(1) IPC.
Whether the evidence on record supports the conclusion that the appellant committed the offence of rape.
1 provisions across 1 enactments
Roshan Gandharv
State Of Chhattisgarh
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
