The appellant in this appeal is challenging the legality and
validity of the judgment of conviction and order of sentence dated
31.8.2007 passed by Fourth Additional Sessions Judge, Durg in ST
No.46/2007 whereby the appellant stands convicted under Section 451
of IPC and sentenced to undergo RI for two years and pay a fine of
Rs.2000/- or else to suffer additional three months’ RI.
02. Case of the prosecution, in brief, is that around 20-25 day prior
to 6.9.2006 when husband of the complainant/prosecutrix was out of
the house, the accused/appellant, Lineman in CG State Electricity
Board, who used to go to the house of the complainant for meter
reading, entered the house of the complainant and committed rape on
her on the threat of life. Again on 29.8.2006 at 12 noon when the
complainant was all alone in the house, the accused on the pretext of
checking the electric meter entered the house and committed rape on
her on the threat of life. The complainant was under distress and
therefore, without informing anyone she reached Durg and roamed
around. Meanwhile, she met Teejuram Sahu (brother-in-law of the
complainant’s brother) and came with him to Village-Kodia. Thereafter,
she informed about the whole incident to her brother and then report
Ex.P/1 was lodged in PS-Anda which led to registration of offence u/s
450, 376 and 506B of IPC against the accused.