HIGH COURT OF CHHATTISGARH AT BILASPUR Cr. App. No. 13 19/ 1999 ‘SB: Hon’ble Shri Justice R.L. Jhanwm' APPELLANT Munna @ Bhawani Versus RESPONDENT State of Madhya Pradesh JUDGMENT Post for judgment on 2, 07.2009 Sd/- R.L. Jhanwar ‘ Judge l 7.2009 K @ HIGH COURT OF CHHATTISGARH AT BILASPUR Cr. App. No. 1319/ 1999 SB: Hon’ble Shri Justice R.L. Jhanwar APPELLANT Munna @ Bhawani S/o Khageshwar Patel, aged about 19 years, occupation cultivation, resident of Tolgey Thana Lailunga Distn'ct— Raigarh. Versus he State of Madhya Pladesh, through Special Judge Raigarh. APPEAL UNDER SECTION 3'74 OF THE CODE OF CRIMINAL PROCEDURE Appearancei Shri Varun‘endra Mishra, counsel for the appellant. Shn' Pradeep Singh, Panel Lawyer for the State. RESPONDENT J U D G M E N T (Delivered on 9‘ 07.2009) R.L.Jhanwar, J. This criminal appeal is directed against the judgment of conviction and oxder of sentence dated 5.5.1999, passed by the Special Judge, Raigarh in Special Case No. 28/ 1998, whereby, the learned Special Judge after holding the appellant guilty of the“ od‘ence punishable under Section 456 of the IPC, sentenced him to u The brief facts are that on 26.6.1998 in the night at about 8.00 p.m., Guruwaribai was in her house, the appellant, after opening the door entered inside the house and remained there and said her ‘chal sutabo’. She raised hue and Cly. Thereupon appellant threatened her to kill. After hearing the noise, Chowkidar and some other persons came there. The matter was reported to Police Station Lailunga, report is EXP] 1. On the basis of F.I.R., the case was registered in the Police Station A.J.K. (Ex. ndergo R.l. for 6 months. T , P 4) and investigation took place. After iestigation, charge shet was n1ed in the Curt of Special Judge (Sessions Judge), Raigarh. The learned Special Judge fred charges under Sections 456, 09 of the IPC and Sectio 3 (1) (xi) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The charges were read over to the appellant. Appellant abjured the guilt and his defense was hat he is innocent and as been falsely implicate in this case. After d appreciatio of t evidence, the leaed Special Judge, (acquitted the appellant under Section 509 of the IPC and Section 3 (1) (Xi) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989. However, the learned Special Judge found the appellant guilty for commission of the oh‘ence under Section 456 of the IPC and therefore, convicted and sentenced him. I have heard learned counsel for the parties at length and have perused the record. The learned Special Judge has convicted the appellant relying on the statement of the prosecutrix Guruwaribai (PW-1) and the Witness Dasmati (PW-2). Guruwaribai (P.W.1) in her statement has deposed that in the night, the appellant entered into her house after breaking the door, which was made ofbamboo and he remained there. She raised hue and cry. Thereupon,’ Chowlddar and some other persons came and thereafter the appellant left her house. tier statement has been corroborated by witness-Dasmati (PW-2).? FIR (EX.P/ 1), duly proved by the prosecution also supports the prosecution story. No material has been brought on record so as to dishelieve the statement of the prosecutrix and other Wimess D'asmati (PW-2). Raising hue and cry itself prove that annoyance has been caused to her. I am of the view that the learned trial Court after due consideration and appreciation of evidence has recorded the / nv e o am 5 n t h d ue n he rn