LAXMI BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both the appeals arise out of a common judgment, they are heard and decided together.

(2.) Both the appeals have been preferred against the judgment dtd. 31/7/2001 passed by 1st Additional Sessions Judge, Bilaspur in Sessions Trial No.111 of 2000, whereby the Appellants have been convicted and sentenced as follows: <FRM>JUDGEMENT_69_LAWS(CHH)5_2022_1.htm</FRM>

(3.) Prosecution case, in short, is that at the time of incident, the victim girl (PW10) was aged about 14-15 years. Her date of birth is 11/11/1984 and she was studying in 6th standard. On 13/10/1999 at about 10 a.m., the victim went to her school, but she did not return home till 6 p.m. Her mother Yasmin Begum (PW2) lodged a missing report of the victim. Later on, the victim was recovered from the possession of co-accused Shriram Singh (died) on 24/11/1999. Her statement was recorded. Further case of the prosecution is that the victim was taken to Khongsara by a train by Appellant Laxmi Bai by alluring her. In the said train, Appellant Aabhas Kumar also met them. He also accompanied them to Khongsara. Thereafter, all of them went to Pendra, thereafter to Delhi and thereafter they went to Jhansi. At Jhansi, Appellants Aabhas Kumar and Laxmi Bai took the victim to the house of co-accused Santosh (absconded). Allegedly, Appellants Laxmi Bai and Aabhas Kumar sold the victim to co-accused Santosh. The victim stayed at the house of Santosh for about 3-4 days. Thereafter, co-accused Santosh and Appellants Laxmi Bai and Aabhas Kumar took the victim to the house of Appellant Chandan Singh, who was an Advocate by profession. It is further alleged that Appellant Chandan Singh prepared a forged affidavit of the victim after changing her name to Rani Patel. Thereafter, Appellants Chandan Singh, Laxmi Bai and Aabhas Kumar sold the victim to co-accused Shriram Singh. It is further alleged that Santosh, Shriram Singh and Aabhas Kumar committed sexual intercourse with the victim frequently on various occasions. On completion of the investigation, a charge-sheet was filed. The Trial Court framed charges against all the Appellants under Ss. 363, 366, 366A and 372 of the Indian Penal Code. The Trial Court also framed charge under Sec. 376(2)(g) of the Indian Penal Code against Appellant Aabhas Kumar. The Trial Court also framed charges under Ss. 193(2) and 199 of the Indian Penal Code against Appellant Chandan Singh. During pendency of the trial, co-accused Shriram Singh died and co-accused Santosh absconded.