DEEPAK SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 07/11/2014 passed in Special Case No. 03/2013 by the Special Judge, Distt. Rajnandgaon (C.G.), whereby the Appellant has been convicted under Sections 363, 366 and 376 of the Indian Penal Code and sentenced to undergo RI for 3 years with fine of Rs. 1000/-, RI for 5 years with fine of Rs. 1000/- and RI for 10 years with fine of Rs. 1000/-, respectively, with default stipulations.

(2.) Facts of the case are that the age of the Prosecutrix (PW1) was about 16 years 5 months and she was studying in class-12th at the relevant time. On 16/10/2012, a missing report of Prosecutrix was lodged by her father, Vinod (PW2) stating therein that the Prosecutrix was missing from 15/10/2012. On 20/10/2012, the Prosecutrix was recovered from the possession of the Appellant vide Ex.P-18 and her statement was recorded. She disclosed the fact that on 14/10/2012, the Appellant met her and had taken her to the house of his friend, Yashwant where the Appellant had committed sexual intercourse with her. On the next day i.e. on 15/10/2012, when she was returning from her friends house, the Appellant met her on the way and took her to the house of Yashwant, where he, on the false pretext of marriage, committed sexual intercourse with her. She also deposed that the Appellant continuously committed sexual intercourse with her on every day till 19/10/2012. On 20/10/2012, she made a call to her friend Mamta and intimated her that she is residing with the Appellant. Mamta informed the same to her family members and then she was recovered. Statement of other witnesses under Section 161 of the Cr.P.C has been recorded. With regard to age of the Prosecutrix, Dakhil Kharij register Ex.P-14-A, Mark-sheet Ex.P-14-B and Birth Certificate Ex.P-17-A were collected. After completion of investigation, a charge-sheet has been filed. Trial Court framed the charges. To prove the guilt of the Appellant, the prosecution has examined as many as 21 witnesses. No defence witness has been examined. Statement of the Appellant under Section 313 of the Cr.P.C has been recorded wherein he has pleaded his innocence and false implication in the matter.

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