PRAMOD GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dtd. 9/7/2002 passed by the learned 2 nd Additional Sessions Judge, Ambikapur, District Surguja in S.T. No.252/99 thereby convicting accused/appellant under Sec. 363 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo RI for 01 year and fine of Rs.500.00, in default to undergo additional RI for 3 months (wrongly mentioned as '3 years' in memo of appeal).

(2.) Case of the prosecution, in brief, is that the prosecutrix lodged report on 30/7/1999 alleging therein that on 18/7/1999 at about 18:30 hrs when her parents were sleeping in house, appellant came there, asked her to go for wandering and saying so, he took her firstly to Banki dam and thereafter to jungle where they stayed in night and during that period, appellant committed sexual intercourse twice with her. Next day at about 11:00 a.m. appellant dropped the prosecutrix at her house. It is also alleged that on the pretext of marriage, appellant committed sexual intercourse with prosecutrix but after lapse of time he refused to marry her and therefore prosecutrix consumed some poisonous substance. She was admitted in the hospital. Based on aforementioned report, police registered crime bearing No.438/99 against the appellant for commission of offence punishable under Ss. 363, 366, 376 of IPC.

(3.) After completion of investigation, police filed charge sheet before the Court of competent jurisdiction. The trial Court framed charges under Ss. 363, 366, 376 (1) of IPC against the appellant. So as to hold the appellant guilty, prosecution examined 15 witness in all. Statement of accused/ appellant was recorded under Sec. 313 of Cr.P.C. in which he denied the circumstances appearing against him and pleaded innocence and false implication.