ANIL RATRE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dtd. 27/8/2021 passed in Special Criminal Case (POSCO) No.27/2018 by the Additional Sessions Judge, F.T.S.C. (POSCO Act), District Baloda Bazar (CG) whereby, the appellant has been held guilty for the offence as mentioned hereunder :

(2.) The prosecution case is that the prosecutrix (PW-4), aged about 17 years and the appellant, both were having a love affair. On 11/5/2017, at night, when everyone were asleep, the prosecutrix ran away from the house. The father of the prosecutrix (PW-5) lodged a missing report on 12/5/2017 vide Ex.P/23 in this regard. The prosecutrix was recovered from the custody of the appellant on 6/5/2018, and out of their such relationship, a child was also born, who was 3 months of age, vide Recovery Memo-Ex.P/6. On the basis of the information given by the father of the prosecutrix (PW-5), initially, an offence under Sec. 363 of the IPC was registered vide Ex.P/12. During investigation, the School Admission Register- Ex.P/14 was seized, in which, the date of birth of the prosecutrix has been recorded as 10/7/2000. The prosecutrix did not consent for the medical examination and the appellant was found capable of performing sexual intercourse (Medical Examination Report-Ex.P/18). The statements were recorded and the Site Map-Ex.P/23 was prepared and after completion of the investigation, the charge sheet has been filed.

(3.) In order to prove its case, the prosecution examined as many as 18 witnesses. The appellant abjured his guilt and in his statement recorded under Sec. 313 of Cr.P.C., he stated that he is innocent and has been falsely implicated in the case. The appellant has not examined any witness in his defence.