BHAIYARAM SATNAMI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against judgment dtd. 15/6/2016 passed by the First Additional Sessions Judge, Sakti, District Janjgir-Champa in Special Sessions Trial No.15 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 (PW3) was about 16 years and 4 months. According to the entries of Dakhil Kharij Register (Ex.P21C), her date of birth is 28/4/1999 and the date of incident is 17/2/2015. On 18/2/2015, father of the prosecutrix, namely, Tankor Narayan (PW4) lodged First Information Report (Ex.P7) of missing of the prosecutrix on the basis of which an offence was registered under Sec. 363 of the Indian Penal Code. During the course of investigation, the prosecutrix was recovered from Bus Stand Hasaud on 10/8/2015 vide Ex.P28. Her statement was recorded under Sec. 161 of the Code of Criminal Procedure on the basis of which other offences were added. Statements of other witnesses were also recorded under Sec. 161 of the Code of Criminal Procedure. 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 Sec. 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.