RAJESH TONDAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant herein against the impugned judgment dtd. 25/02/2015 passed by learned Additional Sessions Judge (FTC), Bilaspur in Special Sessions Trial No. 222/2013 whereby he has been convicted and sentenced as under with a direction to run all the sentences concurrently :- <FRM>JUDGEMENT_47_LAWS(CHH)7_2023_1.html</FRM>

(2.) Case of the prosecution, in brief, is that the appellant herein abducted minor victim, aged about 14 years, from her legal guardians and on the pretext of marriage, committed sexual intercourse with her and thereby, committed the aforesaid offence.

(3.) Further case of the prosecution is that victim (P.W.-1) lodged a report at Police Station Chakarbhata that on the night of 12/05/2014, she was sleeping in the courtyard with her mother (P.W.-3) in separate cots and her father had left the house to attend a marriage. At about 12:30 AM, the appellant came inside her house and told her that her father had met an accident and he forcefully took her on her motorcycle near village Hardi and started outraging her modesty. When the victim tried to oppose, the appellant assaulted her with hands and fists and after threatening her to kill, he committed sexual intercourse with her. Thereafter, he left her near her house and absconded. Victim informed about the incidents to her relatives who took her home. On the said report, first information report was lodged against the appellant vide Ex. P/1 and nazri naksha was prepared vide Ex. P/3. Spot map was prepared by the Patwari vide Ex. P/5. Victim was subjected to medical examination which was conducted by Dr. Nilima Sharma (P.W.-2) and slides were prepared and her underwear was seized and it was sent for forensic examination. After due investigation, the appellant was charge-sheeted for offence punishable under Ss. 363, 366, 376(2)(i) of IPC and Sec. 4 of POCSO Act which was committed to the Court of Sessions for trial in accordance with law. The appellant abjured his guilt and entered into defence.