BHARAT CHAUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 20.1.2017 passed by the Additional Sessions Judge (FTC), Korba in Sessions Trial No.49 of 2015, whereby the Appellant has been convicted and sentenced as under:

(2.) According to the prosecution case, at the relevant time, age of the prosecutrix (PW1) was about 13 years. On 24.10.2015, her mother Mainabai (PW2) lodged a report (Ex.P2) alleging therein that she saw an impression of pregnancy on the stomach of the prosecutrix. On being asked, she told her that the Appellant had come to their house 7 months before and committed forcible sexual intercourse with her. Later on also, he continued to commit sexual intercourse with her. He had promised her to marry and had asked her not to disclose about the incident to anyone. On the basis of the said report, offence was registered. Statements of the prosecutrix and other witnesses were recorded under Section 161 of the Code of Criminal Procedure. During the course of investigation, the prosecutrix gave birth to a male child. According to the report of DNA (Ex.P24), it was found that the Appellant and the prosecutrix are the biological father and mother of the said child. On completion of the investigation, a charge-sheet was filed against the Appellant. The Trial Court framed charges against him.

(3.) To bring home the offence, the prosecution examined as many as 17 witnesses. Statement of the Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the guilt, pleaded innocence and false implication. No witness has been examined in his defence.