SANTOSH YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment of conviction and order of sentence dtd. 29/11/2003 passed by the learned Sessions Judge, Durg, District Durg (C.G.), in Sessions Trial No.102 of 2003 whereby, the learned Sessions Judge, convicted the appellants and sentenced them as under : - <FRM>JUDGEMENT_32_LAWS(CHH)8_2023_1.html</FRM>

(2.) The case of the prosecution is that on 31/1/2003, on the pretext of marriage, appellant No.1-Santosh Yadav took the minor prosecutrix (PW-4) in a train from Durg Railway Station to the house of co-accused -Sagar at Tatanagar, in which appellant No. 2-Chhotu @ Jai Singh assisted him, where appellant Santosh Yadav repeatedly committed sexual intercourse with the prosecutrix for 12 days. Later on, the appellant Santosh Yadav brought the prosecutrix back to Durg and missing report of prosecutrix was lodged. Thereafter, the Police lodged the First Information Report, investigated the matter and charged sheet was filed against the appellants.

(3.) In order to prove its case, prosecution has examined as many as 14 witnesses. The appellants adjured their guilt and in their statements recorded under Sec. 313 of Cr.P.C. they stated that they are innocent and have been falsely implicated in the case. In defence, accused persons were examined only one witness.