HOSHIYAR KUMAR PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Criminal Appeal Under Section 374 of The Code of Criminal Procedure.

(2.) THIS appeal has been preferred against the judgment and order dated 31.7.2009 passed by Additional Sessions Judge (FTC), Balod, District Durg in Sessions trial No. 41/2008 holding the accused/appellant guilty under Sections 363, 366 376(1) and 342 IPC and sentencing him to undergo rigorous imprisonment for 3 years with fine of Rs. 200 u/s 363, rigorous imprisonment for 7 years with fine of Rs. 200 u/s 366, rigorous imprisonment for 7 years with fine of Rs. 300 u/s 376(1) and rigorous imprisonment for 3 months u/s 342 IPC plus default stipulations. Case of the prosecution in short is that on 6.8.2008 report (Ex.P -17) was made by one Sukhchand (PW -6) alleging that his daughter (the prosecutrix PW -1 herein) who at the relevant time was minor, went missing with effect from 5.8.2008. Vide Ex. P -1, she was recovered from the house of the accused/appellant and after making certain enquiry from her, FIR Ex. P -14 was registered on that day itself for the offences punishable under Sections 363, 366 376(1) and 342 IPC Further case of the prosecution is that on 5.8.2008 at about 9 a.m. the accused/appellant had taken the prosecutrix to his house and committed sexual intercourse with her against her wishes and without her consent. After completion of investigation, challan was filed by the police on 15.9.2008 for the said offences.

(3.) AFTER hearing the parties, the trial Court convicted and sentenced the accused/appellant as mentioned in paragraph No.1 of this judgment. Hence, this appeal.