JAGESHWAR Vs. STATE OF C.G.

JUDGEMENT

(1.) The present appeal under Sec. 374(2) of Code of Criminal Procedure has been filed against the the judgment of conviction and order of sentence dtd. 5/4/2003 passed by 1st Additional Sessions Judge Raipur, District- Raipur (C.G.) in Sessions Trial No. 110/2001 whereby, the trial court has convicted the appellant and sentenced him as under:-

(2.) Facts of the case in nut shell are that the prosecutrix was residing at Village Bharwadih with her parents and was studying in 8th class. The appellant/accused was also residing in the same village and was secretary of the Gram Panchayat of Bharwadih and he was married. Two months prior to 7/10/2000, the appellant used to talk to the prosecutrix and on the false pretext of marriage, he took the prosecutrix with him to various places and committed sexual intercourse with her. Thereafter, the matter was reported to the police station and FIR bearing Crime No. 192/2000 was registered for the offence under Ss. 363, 366 & 376 of IPC. After completion of necessary formalities, charges for the offence under Ss. 363, 366, 368, 376/34 of IPC were framed against the appellant and other co-accused persons before the concerned trial Court. Thereafter the matter was committed to the Sessions Court.

(3.) So as to hold the accused/appellant guilty, the prosecution has examined as many as 14 witnesses. Statement of the accused/appellant was also recorded under Sec. 313 of the Cr.P.C. in which he denied the incriminating circumstances appearing against him and pleaded innocence and false implication in the case. In his defence, he examined one Bhagirathi Verma as D.W.-1.