SANDRESH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment dtd. 30/11/2013 passed by learned Additional Sessions Judge (F.T.C.), Ambikapur, in Sessions Trial No.277/2012, by which the appellant herein has been convicted for the offences under Ss. 363, 366, 342 and 376(1) of Indian Penal Code and sentenced as under : <IMG>JUDGEMENT_84_LAWS(CHH)1_2023_1.jpg</IMG>

(2.) Case of the prosecution, in short, is that on 16/5/2012 at 7:00 p.m. at Village Gorsa (Baigapara), P.S. Lundra, the appellant kidnapped the minor victim and confined her in the house of Gulab Panika and committed sexual intercourse with her; thereby the aforesaid offences have been committed.

(3.) It is the further case of the prosecution that on 16/5/2012, the appellant had visited the house of the victim to witness her uncle's marriage and in the night, finding her alone, the appellant caught hold of her and took her to the house of Gulab Panika and committed sexual intercourse with her. On the next day, it was informed to her mother Dhanaso (PW-2) and Rodhi Bai (PW-3) and thereafter the matter was reported by the victim (PW-1) and wheels of investigation started running and after medical examination vide Ex.P-8, the undergarments and slides were sent for FSL and in FSL report dtd. 15/5/2013, no sperm or semen was found on Articles A, B, C1 and C2. After usual investigation, the appellant was charge-sheeted for the aforesaid offences, and the case was ultimately committed to the Court of Sessions for trial in accordance with law, in which the accused abjured his guilt and entered into defence stating that he has been falsely implicated and he has not committed any offence.