SUKHRAM KARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC preferred by the appellant-accused herein is directed against the impugned judgment of conviction and order of sentence dtd. 24/11/2016 passed by the Special Additional Sessions Judge, Fast Track Court, South Bastar, Dantewada Chhattisgarh, in Special Sessions Trial No. 16/2015 by which appellant herein has been convicted and sentenced as under:- <FRM>JUDGEMENT_84_LAWS(CHH)1_2024_1.html</FRM>

(2.) Case of the prosecution, in nutshell, is that seven months prior to 30/7/2015, at Tamopara, Kirandul, Police Station Kirandul, Civil and Revenue District Dantewada Chhattisgarh, appellant committed sexual intercourse upon minor victim (PW-2), who was aged about 13 years at the time of incident, against her wishes and also threatened her to kill if she informs about the said incident to anyone. Due to that she became pregnant and delivered a baby on 4/8/2015 and thereby committed the aforesaid offence. FIR was registered vide Ex.P/4 by maternal uncle of the victim (PW-3). Nazari naksha was prepared vide Ex.P/10. As per birth certificate (Ex.P/14) and Dakhil Khariz Register (Ex.P/15C), at the time of incident victim was aged about 12 years. Minor victim (PW-2) was medically examined by Dr. Anita Gangesh (PW-5) and medical report was prepared vide Ex.P/9. In medical report (Ex.P/9) victim (PW-1) was found 7 months pregnant and swelling was also found on her feet.

(3.) After due investigation, appellant was charge-sheeted for the aforesaid offences and the case was committed to the Court of Sessions for trial in accordance with law. Statement of the appellant was taken under Sec. 313 of CrPC wherein, appellant / accused abjured his guilt and entered into defence stating that he has not committed the offence.