KHILESHWAR MARKAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant against impugned judgment dtd. 23/01/2016 passed by learned Additional Sessions Judge, Bhanupratappur in Special Sessions Trial No. 77/2015 whereby he has been convicted and sentenced as under, with a direction to run the sentences concurrently :- <FRM>JUDGEMENT_27_LAWS(CHH)11_2023_1.html</FRM>

(2.) Case of the prosecution, in a nutshell, is that on 30/06/2015 in between 8 PM to 12 AM at village Picchekatta, the appellant herein abducted the victim, aged about 15 years, from her legal guardianship and committed sexual intercourse with her on the pretext of marriage and thereby, committed the aforesaid offence.

(3.) Further case of the prosecution is that on 30/06/2015 at about 8 PM, victim and her family had gone to sleep after taking their meals and at about 12 AM, when her mother (PW-2) woke up to answer nature's call, she found that her daughter was not in her bed. Thereafter, victim's family started searching for her but they could not find her and having their doubts on the appellant, victim's father (PW-3) lodged first information report against the appellant on 05/07/2015 vide Ex. P/10 pursuant to which nazri naksha was prepared vide Ex. P/12 and after taking consent from victim's parents vide Ex. P/3 and after taking permission from the Sub-divisional Magistrate, Bhanupratappur vide Ex. P/16, victim was subjected to medical examination which was conducted by Dr. Preeti Singh (PW-11) and her MLC report (Ex. P/19) was found positive. Victim's radiological test was conducted by Dr. Rajeshwar Kumar Singh (PW-14) and as per the radiological report (Ex. P/23), victim's age was determined to be between 13-16 years. Appellant's underwear as well as victim's slides were seized and sent for forensic examination and the FSL report (page 31-32 of the paper-book) was also found positive. After due investigation, the appellant was charge-sheeted for offence punishable under Ss. 363, 366(a), 376(2)(n) of IPC and Ss. 4 and 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter the Act of 2012) which was committed to the Court of Special Judge for trial in accordance with law. The appellant abjured his guilt and entered into defence.