BHAWANI SHAVARA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 27.10.2007 passed by Additional Sessions Judge, Sakti District Janjgir Champa in Sessions Trial No. 117/2007 convicting the accused/appellant under Section 376 (1) IPC and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) In the present case the prosecutrix (PW-6) was aged about 19 years on the date of incident. Case of the prosecution in brief is that on 14.3.2007 she lodged a written report Ex. P-5 alleging that one year prior to the date of incident she was allured by the accused/appellant on the promise of marriage and since then she was being subjected to sexual intercourse by him on account of which she became pregnant. While carrying pregnancy of two months, her parents married her somewhere else but the moment her husband came to know about her pregnancy he dropped her at her parents' house. Thereafter, the prosecutrix informed the accused/appellant about her pregnancy through him but even then giving the evasive reply of marriage he went on making physical relations with her. Finally, the accused/appellant is said to have refused for marriage and threatened to kill her. Based on this written report, FIR Ex. P-6 was registered on 16.3.2007 for the offences punishable under Sections 376 and 506 IPC. Prosecutrix was medically examined on 16.3.2007 itself vide Ex. P-4 and after investigation challan was filed by the police on 12.5.2007 for the said offences.

(3.) In support of its case, prosecution has examined as many as 15 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case.