NAIHARSAY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against judgment dated 21.12.2016 passed by the Additional Sessions Judge (FTC), Raigarh in Sessions Trial No.114 of 2012, whereby the Appellant has been convicted and sentenced as under:

(2.) Case of the prosecution, in short, is that on 30.4.2012, i.e., the date of registration of First Information Report (Ex.P2), the prosecutrix (PW3) was 24 years old. On 30.4.2012 itself, she made a written complaint (Ex.P1) alleging therein that she got acquainted with the Appellant in July, 2009. She met with him at Village Thakur Podi. In 2009, on the day of Dhanteras Festival, at about 7:30 p.m., the Appellant made forcible physical relationship with her. Thereafter, he apologised for his act and promised to marry her. Considering his apology to be genuine, she did not make any complaint. Next day, he took her to his house. There, his parents also assured her that on completion of her studies, they will perform her marriage with the Appellant. It is further alleged that thereafter the Appellant took her to many villages, namely, Patarapara, Kumrata, Miriguda, Dharamjaigarh, Surungpani and Gerwani and introduced her there as his wife. He also committed sexual intercourse with her there. Thereafter, surprisingly, in December, 2011, he refused to marry her. Prior to that, in July, 2011, a social meeting was convened in Kilkila Temple in which also he admitted his guilt. On the basis of the written complaint (Ex.P1), First Information Report (Ex.P2) was registered. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the Appellant. A charge was framed against him.

(3.) To bring home the offence, the prosecution examined as many as 13 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.