RAJESH URAON Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By the impugned judgment dated 10/10/2014 passed in S.T. No. 05/2013 by the learned Additional Session''s Judge (F.T.C.), Surguja, District Ambikapur (C.G.), the Appellant has been convicted for the offence punishable under Sections 363, 366 and 376 (1) of the Indian Penal Code and Sections 3 d/4 and 9 B/10 of the POCSO Act and sentenced to undergo rigorous imprisonment for 3 years, rigorous imprisonment for 5 years, rigorous imprisonment for 7 years, rigorous imprisonment for 7 years and rigorous imprisonment for 5 years and to pay fine of Rs. 1,000/-, 1,000/-, 5,000/-, 5,000 and 1,000/- respectively, with default stipulations. All the sentences to run concurrently.

(2.) Facts of the case are that on 05.06.2013 at about 4 p.m., the Appellant kidnapped the prosecutrix (PW-3) who was a minor girl studied in class 10th and taken her to his house situated at village Ranguapara and on the pretext of marriage committed sexual intercourse with her between the period from 05.06.2013 to 15.06.2013. After two days, the prosecutrix was recovered from the possession of the Appellant. After recovery, statement of the prosecutrix (PW-3) recorded and on the basis of her statement, FIR has been lodged. Thereafter, she was medically examined by Dr. Sanyogita Paikra (PW-5). Statements of other witnesses under Section 161 of Cr.P.C. have been recorded. After completion of investigation, charge sheet has been filed. Trial Court has framed the charges under Sections 363, 366 and 376 (1) of the Indian Penal Code and Sections 3 d/4 and 9 B/10 of the POCSO Act. To prove the guilt of the Appellant, the prosecution has examined as many as 7 witnesses. No defense witness has been examined. Statement of the Appellant under Section 313 of the Cr.P.C. was recorded, wherein he has pleaded their innocence and false implication in the matter.

(3.) After trial, the trial Court has convicted and sentenced the Appellant as mentioned in paragraph one of this judgment. Hence, this appeal.