SONOO DAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 19.01.1995 passed by Additional Sessions Judge, Baloda Bazar, District Raipur, in Sessions Trial No. 40/1987 convicting the accused/appellant for the offences punishable under Sections 366 and 376 (A) Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years on each count.

(2.) Case of the prosecution in brief is that on 2.11.1986 written report Ex. P-8 was lodged by father of the prosecutrix namely Tara Chand Kurre alleging that his daughter had eloped with the present appellant. Based on this written report, FIR (Ex. P-21) was registered on 8.11.1986 at Police Station, Simga for the offences under sections 363, 366 and 376 IPC. Further case of the prosecution is that on 24.10.1986 accused/appellant had taken the prosecutrix by alluring to village Rohra where he committed forcible sexual intercourse with her. On 25.10.1986 he took the prosecutrix to Bhatapara where also he had physical relations with her. Thereafter, they came back to village Rohra where they stayed for one hour and then they went to village Khapri where they stayed in a house for three days where also she was subjected to sexual intercourse daily in the day and night as well. Then on 2.11.1986 they came back to village Rohra where on receiving the information police party reached and recovered the prosecutrix from the custody of the accused/appellant vide Ex. P-7.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 12 witnesses in support of its case. Statement of the accused/appellant was also recorded under section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case. Father of the prosecutrix namely Tara Chand Kurre who had lodged the FIR could not be examined as he died during the pendency of trial.