RAJ SONWANI Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 10.6.97 passed by Additional Sessions Judge. Rajnandgaon, in Sessions Trial No. 135/95 convicting the accused/appellant under Section 376 I.P.C. and sentencing him to undergo rigorous imprisonment for seven years and pay fIne of Rs. 200, in default of payment of fIne to undergo simple imprisonment for three months.

(2.) Facts of the case in brief are that on 4.3.1995 an unnumbered FIR Ex.P14 was lodged by Sukhwati (PW3) mother of the prosecutrix at police outpost Chikhli alleging that her daughter (prosecutrix) was missing since a day prior thereto i.e. 3.3.1995 from the house of one Arun at Rajnandgaon with whom she was living. It is alleged that accused/appellant was also missing since that very day and it is he who had taken her daughter away by alluring her. Later, numbered FIR. Ex.P15 was registered at police station Kotwali for the offences under Sections 363 and 366 I.P.C. On 4.3.1995 the prosecutrix was recovered from the house of accused/appellant vide Ex. P8 and her case diary statement was recorded on the same day vide Ex.D1 in which she has stated that accused/appellant had asked to accompany him and offered Sari, blouse, mangalsutra and that after applying vermillion, he committed forcible sexual intercourse with her. After investigation, charge sheet was filed by the police on 17.4.1995 for the offences under Sections 363, 366 and 376 I.P.C. Court below also framed the charge against him under the said sections.

(3.) In support of its case, prosecution has examined 9 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.