ASHOK KUMAR Vs. STATE OF C.G.

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 04.01.2002 passed by the District & Sessions Judge, Surguja at Ambikapur in Sessions Trial No. 443/2000, whereby and whereunder after holding the appellant guilty for abducting, compelling the prosecutrix to marry and for committing rape on prosecutrix (PW-5), the trial Court has convicted the appellant under Sections 363, 366 and 376 of the IPC in the following manner :- <FRM>JUDGEMENT_17_LAWS(CHH)9_2015_1.html</FRM>

(2.) Conviction is impugned on the ground that without any iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of prosecution, prosecutrix (PW-5) was minor on the date of incident and it is alleged that the appellant under inducement of her marriage took her away from the custody of legal guardianship of her father Ramashankar (PW/6) to village Salka. When the prosecutrix was not found in the house, her father Ramashankar (PW-6) along with the help of villagers started searching the prosecutrix and on search he found his daughter accompanied by the appellant. He brought his daughter back to his house, but he did not report the matter to Police Station. It is further alleged that the appellant again abducted her on 20.08.2000 from her house and took away her to Kasabel, ravaged and committed rape on her. Father of prosecutrix Ramashankar (PW-6) lodged the report on 20.08.2000 in police station, Sitapur. Initially police registered the offence under Sections 363 and 366 of the IPC and during investigation offence under Section 376 of the IPC was added.