BADANBAI VIDYA LAHARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 16-2-2004 passed by Additional Sessions Judge, Sakti, District Bilaspur in Sessions Trial No. 449/2003. By the impugned judgment, accused persons/appellants Badanbai, Jaikumari, Chhatram and Jasbai have been convicted under Sections 363, 366 read with Sections 34 and 149 of the Indian Penal Code and sentenced each of them in the following manner:

(2.) Case of the prosecution, in brief, is as under:

(3.) Shri M. D. Dhote, learned counsel for the appellants argued that the age of Kumari Maheshwari (PW-1) was above 18 years on the date of incident. He further argued that the conclusion reached by the trial Court is perverse. The evidence of the prosecutrix is full of inconsistencies and contradictions, which destroys the root and foundation of the prosecution case. The prosecutrix left house of appellant Chhatram willingly. The prosecutrix had several opportunities to run away, but she did not do so. The prosecutrix married with absconded accused Yogesh alias Banti. These appellants were present only at the time of marriage. Mere presence is not sufficient to convict the appellants. Therefore, the appellants cannot be convicted under Section 363 read with Sections 34 and 149, IPC and under Section 366 read with Sections 34 and 149, IPC. The finding of the trial Court is perverse and deserves to be set aside and the appellants are entitled for acquittal.