STATE OF CHHATTISGARH Vs. OMKAR PRASAD

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and order dated 31.01.2008 passed by the Addl. Sessions Judge, Khairagarh, District Rajnandgaon, in Sessions Trial No.86/2007 acquitting the respondents) of the charges for the offence punishable under Section 363, 366 and 376(1) and Section 506 (Part-II) of Indian Penal Code.

(2.) THE prosecution story is that one Thakurram has filed a missing report in Police Station Bakarkatta stating that his daughter Duleswari was missing since morning of 07.02.2005. The police received the information that accused Omkar Prasad, son of Shivram enticed away the prosecutrix and kept her in Baloda. On the basis of the said information, the prosecutrix was recovered from the possession of Omkar Prasad. During investigation the statements of prosecutrix and other witnesses were recorded. The police registered offence against the accused for the offence punishable under sections 363, 366, 376 and 506 Part-II IPC OIL the basis of statement of prosecutrix that accused Omkar Prasad allured her that he would keep her as his wife and committed forcible sexual intercourse with her. The site map of the incident was prepared and the prosecutrix was sent to a lady doctor for medical examination. After completing the investigation, the charge sheet was filed in the Court of Judicial Magistrate First Class, Khairagarh from where the matter was committed to the Court of Sessions, Rajnandgaon.

(3.) THE learned Sessions Court having regard to the facts situation, evidence on record and after hearing the learned counsel for the parties acquitted the respondents of the aforesaid charges.