PREMCHAND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Appellant by this appeal would assail judgment dtd. 20/6/2002 passed in Sessions Trial-116 of 2001 passed by Additional Sessions Judge, Sakti, District-Bilaspur, whereby appellant was convicted under Ss. 363, 366 and 376(1) of the IPC and awarded sentences as mentioned below:

(2.) Facts relevant for disposal of this appeal are that father of prosecutrix lodged report before concerned Police Station on 20/11/2000 stating therein that his daughter went away from house on 17/11/2000 at about 4 pm intimating her family members that she is going out to answer nature's call. She did not return back, she was searched at nearby places. During search, it revealed that prosecutrix went along with appellant on his bicycle few days back. Based on information gathered, report was lodged against appellant Premchand. Police registered crime for offences defined under Ss. 363 and 366 of the IPC initially. After few days, prosecutrix returned back to her house, her statement was recorded and after conclusion of investigation, Police submitted charge-sheet before the Court of Jurisdictional Magistrate on 29/1/2001 against appellant for offences defined under Ss. 363, 366 and 376 of the IPC. Trial Court framed charges under all three Ss. .

(3.) During the course of trial, Police/prosecution proved as many as 40 documents i.e. from Ex. P1 to Ex. P40 through 13 witnesses. Prosecutrix was examined as PW1, Samaru Ram-Grandfather of prosecutrix as PW2, Sukhi Das as PW3, father of prosecutrix as PW4, Genduram-Assistant Teacher of Primary School, Amgaon, District-Janjgir-Champa as PW5, Bajranglal as PW6, Mother of prosecutrix as PW7, Kanhayyalal Sahu, Sarpanch, Amgaon as PW8, Shergir as PW9, Bhagwat Prasad as PW10, Dr Kum. Saroj Kashyap as PW11, who examined prosecutrix, Dr KM Uraon, who examined appellant as PW12, Investigating Officer as PW-13, to prove the case of prosecution. Appellant's statement under Sec. 313 of CrPC was recorded. Statement of prosecutrix, her grandfather and father recorded under Sec. 161 of CrPC are placed on record as Ex. D1, D2 and D3 respectively.