VINOD KUMAR DAHARIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred under Section 374 (2) of Cr.P.C against the judgment dated 12/04/2013 passed in Sessions Trial No. 55/2012 by the Second Additional Sessions Judge, Sakti, District Janjgir-Champa (C.G.), whereby the Appellant has been convicted under Sections 363, 366 (A) and 376 (1) of the IPC and sentenced to undergo RI for 5 years with fine of Rs. 10,000/-, RI for 6 years with fine of Rs. 20,000/- and RI for 10 years with fine of Rs. 1,00,000/-, respectively, with default stipulations.

(2.) In this case, the age of the Prosecutrix (PW1) was about 17 years 3 months at the time of alleged incident. According to the case of the prosecution, on 03/12/2011 at about 8:20 am, when the Prosecutrix was going to her school, on the way the appellant came there in a car along with other persons and forcibly abducted her. At that time, the Prosecutrix tried to call her mother through phone and the phone was disconnected by the appellant. After receiving the call, mother of the Prosecutrix inquired about the Prosecutrix from school and other persons. Thereafter, she went to lodged missing report vide Ex.P-15. On 16/12/2011, the Prosecutrix was recovered from the possession of the appellant from Jammu and Kashmir. Her statement under Section 161 of the Cr.P.C was recorded and on the basis of facts disclosed by the Prosecutrix, FIR has been lodged vide Ex.P-17. The Prosecutrix was medically examined by Smt. Dr. Seemanandni Chaudhry (PW11). Her report is Ex.P-16. Statements of other witnesses were also recorded. After completion of investigation, a charge-sheet was filed. Trial Court framed the charges. As many as 12 prosecution witnesses have been examined. Statement of the Appellant under Section 313 of the Cr.P.C was recorded, wherein he has pleaded his innocence and false implication in the matter. No defence witness has been examined.

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