SURESH NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 20.1.2010 passed by Special Judge (Atrocities) Durg, in Special Case No. 51/2007 convicting the accused/appellant for the offence punishable under Sections 366 and 376 (1) IPC and sentencing him to undergo RI for five years with fine of Rs. 500/- u/s 366 and RI for seven years with fine of Rs. 500/- u/s 376 (1) IPC, plus default stipulations.

(2.) Case of the prosecution in brief is that on 13.9.2007 a missing report was lodged by the father of the prosecutrix namely Gopi (PW-3) alleging that his minor daughter (prosecutrix) aged about 15 years at the relevant time went missing. This report was entered into Rojnamcha Sanha No. 17/2007. On 19.9.2007 prosecutrix returned home and based on her statement FIR Ex. P-13 was registered on 20.9.2007 for the offences punishable under Sections 363, 366 and 376 IPC. Prosecutrix was medically examined by Dr. Suhadra Thakur (PW-8) on 20.9.2007 and after completion of investigation charge sheet was filed by the police on 21.10.2007 for the offences punishable under Sections 363, 366, 376 and 496 IPC. Court below however framed the charge under Sections 366 and 376 (1) IPC as well as 3 (2) (v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short the "Special Act").

(3.) In support of its case the prosecution has examined 15 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he pleaded his innocence and false implication in the case.