CHHABILAL JANGHEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellants have filed this appeal under Sec. 374(2) of Cr.P.C. questioning the impugned judgment dtd. 19/1/2022 passed in Special Sessions Trial No. 71 of 2019 by which the learned Special Judge under the Protection of Children from Sexual Offences Act, 2012, Fast Track Court, Kabirdham, has convicted the appellants as under: <FRM>JUDGEMENT_26_LAWS(CHH)11_2023_1.html</FRM>

(2.) Case of the prosecution, in short, is that on 9/7/2019 at about 9:30 p.m. the convict-Ashwan Sahu is alleged to have taken the minor victim girl illegally from the lawful guardianship of her parents with an intent to marry her. The victim had gone to the washroom but when she did not return after some time, it was discovered that the convict-Ashwan Sahu had given false assurance of marrying the victim and took her with him. The other convicts-appellants namely Chhabilal Janghel, Mukesh Nirmalkar, Itwari Janghel and Sunit Kumar Patel are alleged to have helped the convict-Ashwan Sahu in kidnapping the victim. The convict-Ashwan Sahu is also alleged to have committed forceful sexual intercourse with the victim.

(3.) The FIR (Exhibit P/3) was lodged by Mohit Ram Sahu (PW-2), father of the victim, on 10/7/2019 at 14:30 hours at Police Station Kabirdham which was registered as Crime No. 317/2019 for the offence under Sec. 363 of the Indian Penal Code alleging that the convict-Ashwan Sahu had kidnapped the victim.