HIGH COURT OF CHHARTT!$GARH AT BELA$PUR S «ineie Bench:- Eon’bie $hri Justice EN. Chandrakar §£mj11a.i£gs;e§1¥9£§§lg9§§ ADDeIIant (m Jaé!) Ratan Singh; S/o lshwar Singh Gend, aged abcut 27 yeara, RIC VIH. Baibhara, RS. - PasarmDisit. Korba (CG) Versus The State of Chhattisgarh: through P‘s. Pasan (CG) Criminal Appeal under Section 374 of Code of Criminal Pmcedure, 19.13 Present Smt. Ranjana Jaiswai appears on behalf of Shri RK. Jaiswai, counsel for the appellant. Respondent Shri Sameer Behar, Panel Lawyer for the_$iate. ORAL JUDGMENT (Passed on 23 of July, 2OQ9) This criminal appeal is directed against the judgment of conviction and order of sentence dated 1801,2003 passed by the Sessions Judge, Bllaspur (CG) in sessions trial No.480/2001, whereby the appellant has been convicted under Section 450 and 376(1) of IPC and sentenced to undergo RI. for 3 years, to pay of tine of Rs’IOOL in default of payment of fine to further undergo RI. for one month and to undergo Roll for 7 years, to pay fine of Rsi300/-, in default of payment of fine to further undergo RI. for one month respectively. Both the sentences are ordered to run concurrently. t (2) The case of the prosecution, in brief, is that on 22082001: at about 4,00 pm! when prosecution was aione in her house, the appellant entered into the house of the prosecutrix and forcibly committed rape on her by gagging clothes in her mouth When the prosecutrix resisted the said act, she was threatened to kill. When the mother of the prosecutrix came to the house, the incident was narrated to her. The prosecutrix lodged the report in the Police StationrPasan vide EXP-3. After lodging of FIR. the prosecutrix was sent for medical examination where Dr. Veena Agrawal, PW-5 examined the prosecuttix and prepared report vide EXP-8. The appellant was arrested after framing the charge sheet. The charge sheet has been presented befere the Magistrate. Thereafter, the case Was committed to the Sessions Com and after trial, the appellant has been convicted and sentenced as mentioned in para—1 of thejudgment. (3) After completion of the trial, charge was framed against the accused/appellant under Sections 450 and 376 of IPC and the same was read over to hlml The statement of the appellant was recorded under Section 313 of the Cr.P.C., inwhich, he has denied the circumstances aooearing against him and pleaded innocence and false implication. (4) At the outset, learned counsel appearing for the appellant submits that the appellant has already served the sentence awarded to him by the trial Courtend after undergoing the entire sentence, he has been released from iail. Therefore, learned counsel for the appellant does not want to press this appeal on conviction and sentence on merit. (5) Learned counsel appearing for the respondent/State does not opposethe same (6) l have heard learned counsel for the parties and perused the record. On perusal of the report dated 20072009 sent by the Jail Superintendent. Central Jail, Bilaspur, it appears that the appellant after undergoing entire period of sentence awarded to him by the trial Court, has been released from iail on 14.03.2007. (Z) Having considered the fact that the appellant after undergoing the entire period of sentence, has been reieased from jaii which is also evident from the report of Jail Superintendent Central Jail, Bilaspur, l am of the considered opinion that no interference is called for in the judgment of conviction and order of sentence passed by the trial Court. i (8) ln the resuit; conviction and sentence awarded by the learned trial sap 'f mt. CHANoRAKAR‘i i ' Judge i Court is maintained and the appeal is dismissed. Priya u