BUDGA RAM & ANOTHER Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is an appeal against the judgment dated 26.04.2002 passed by the learned Third Additional Sessions Judge (F.T.C.), Korba, in S.T.No. 331/1994 whereby the appellants have been convicted under Section 363 & 366 of IPC and sentenced to undergo 4 years R.I. with fine of Rs.200/-and 5 years R.I. with fine of Rs.200/-, in default of payment of fine, 1 month additional R.I. to each respectively.

(2.) In the trial, four accused were tried initially namely Surat Kumar Pandey (A-1), Smt. Dudhmat Bai (A-2), Budga Ram (A-3) & Smt. Bahartin Bai (A-4). The main accused Surat Kumar Pandey (A-1) absconded from the date of incident and therefore the trial continued against him in his absence. The trial Court, convicted all the accused. Therefore, the appeal was filed by the said three persons. During the pendency of the appeal, the accused A-1 & A-2 were died and stood abated therefore this appeal is adjudicated against Smt. Bahartin Bai (A-3).

(3.) The prosecution case in brief was that A-1 Surat Kumar (who absconded from 19.06.1994) along-with all other accused allured the prosecutrix who was working along-with the appellants as a labour in the Canal. It was the case of the prosecution that Surat Kumar Pandey had committed sexual intercourse on the pretext of marriage with the prosecutrix and the other appellants/accused allured the prosecutrix so as to commit marriage with Surat Kumar. Therefore in pursuant to their plan, the accused Dudhmat, Budga and Bahartin handed over the girl/ prosecutrix to Surat Kumar. The prosecutrix eloped with Surat Kumar and the said Surat Kumar took the prosecutrix and kept her at village Nawadih, District Plamu, Bihar. Since the daughter of the complainant Natthu Singh namely the prosecutrix was missing, as such, report was made by Ex.P-2 and on that basis FIR was registered by Ex.P-13. During the investigation, the prosecutrix was recovered and thereafter, she was subjected to medical test and after such medical test, it was revealed that she was subjected to sexual intercourse. Thereafter, after recording the statement of the witnesses, charge sheet was filed.