LAWS(CHH)-2012-10-25

SUSHIL LOHAR Vs. STATE OF C.G.

Decided On October 19, 2012
Sushil Lohar Appellant
V/S
STATE OF C.G. Respondents

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 8.7.2008 passed by Special Judge, Jashpur, in Special Case No. 03/2007 convicting the accused/appellant under Section 376(1) IPC and sentencing him to undergo rigorous imprisonment for eight years. Facts of the case in brief are that on 7.12.2006 a report was lodged by Devnarayan Maravi (PW-3) - the father of the minor prosecutrix alleging that she was missing since 4.12.2006. Entry of this missing report was made in the Rojnamcha Sanha Ex. P-6. On 17.1.2007 the prosecutrix was recovered from Gorakhpur (UP) vide recovery memo Ex. P-1 where she was in the company of accused/appellant. Prosecutrix was medically examined on 18.1.2007 by Dr. (Smt.) K. Kujur (PW-12) who gave her report Ex. P-14-A. On 17.1.2007 itself FIR Ex. P-11 was registered against the accused/appellant under Sections 363, 366 and 376 IPC whereas case diary statement of the prosecutrix was recorded on 20.1.2007. Charge sheet was filed by the police on 9.3.2007 under Sections 363, 366 and 376 IPC and 3(1)(xii) read with 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for brevity "the Act").

(2.) In support of its case, prosecution has examined 12 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.

(3.) After hearing the parties, the Court below acquitted the accused/appellant of the charges under Sections 363, 366 IPC and 3(1)(xii) read with 3(2)(v) of the Act but convicted and sentenced him as mentioned in paragraph No. 1 of this judgment.