MAHESH ALIAS RAJA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22.7.2010 passed by Additional Sessions Judge (FTC) Kondagaon, Bastar, in Sessions Trial No. 13/2007 convicting the accused/Appellant under Sections 366 and 376 Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs. 100/- on each count, plus default stipulations.

(2.) Case of the prosecution in brief is that on 3.6.2003 FIR (Ex. P-6) was lodged by the prosecutor (PW-1) alleging that on 13.5.2003 she had gone to the house of one Ku. Bina where the accused/Appellant and the co-accused Neel Kanth were already there. It is alleged that accused/Appellant had asked the prosecutor to meet him on 15.5.2003 behind the house of said Bina from where they would run away. Accordingly, on 15.5.2003 the prosecutor went behind the house of Bina where the accused/Appellant was already there. It is alleged that thereafter the accused/Appellant allured her away on the pretext of marriage. He took her to village Jugnani Kalar where they boarded a truck and went to Masora and stayed in the house of one Kedia. On the second day he took her to the house of his brother-in-law and in the presence of his sister he married her in a temple and from 17.5.2003 to 20.5.2003 she was kept in a rented house and during this period she was subjected to sexual intercourse by the accused/Appellant. Based on this FIR, offences under Sections 363, 366 and 376 Indian Penal Code were registered against the accused/Appellant and co-accused Neel Kanth and after investigation, challan was filed by the police.

(3.) So as to hold the accused persons guilty, the prosecution has examined 16 witnesses in support of its case. Statements of the accused persons were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charges leveled against them and pleaded their innocence and false implication in the case. This apart, one Chandi Charan Mitra and Shital Banal (DW-1 and DW-2) have also been examined by the defense in support of its case.