(1.) This appeal is directed against the judgment of conviction and order of sentence dtd. 3/6/2011 passed in Sessions Trial No. 14/2010 by the Additional Sessions Judge, Bhatapara District Raipur (CG) whereby, the appellant has been held guilty for the offence as mentioned hereunder :
(2.) The prosecution case in brief is that father of the prosecutrix (PW3) has lodged a written report alleging that he was a resident of village Chorha Nawagaon and on the date of incident, he was going to Bhatapara along with his wife and two daughters for the treatment of his wife. On the way, the accused/appellant and co-accused were in their TVS Moped (two wheeler) and while crossing the road, they caught the hand of his daughter/prosecutrix and took her along with them. The incident was narrated by his daughter to her father/complainant and after 4-5 days of the incident, the complainant went to the house of accused and narrated the incident. The father of the accused asked him to take Rs.5,000.00 from him and arrange the marriage of his daughter in the village separately but when the prosecutrix did not return after one month, the complainant made a written complaint to Station House In charge Simga.
(3.) On the basis of the written report, FIR Ex.P-5 was registered against the appellant for the offence under Ss. 363 and 366(A) IPC. The mark sheet of the prosecutrix was seized vide Ex.P-2 and the statements of the father, mother and sister was recorded. After completion of the investigation, the charge sheet has been filed.