KRISHNA KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 21.12.2000 passed by the Special Judge (Atrocities) Bilaspur, in Special Criminal Case No.41/2000, whereby the trial Court has convicted the appellant under Sections 493 & 376 (1) of the IPC and sentenced him to undergo R.I. for 7 years and to pay fine of Rs.500 on each count-, in default of payment of fine, to undergo additional R.I. for 3 months. Both the sentences are directed to run concurrently.

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

(3.) Brief facts of the case as projected by the Court below, are that on 9-10-1999 the prosecutrix (PW/5) (name not mentioned) who is a grown up lady lodged a written complaint against the appellant at Special Police Station, SC & ST Welfare, Bilaspur, stating therein that in the year 1997 she and appellant became close friends, they had developed relationship, they fell in love with each other. In the month of February, 1998 appellant put vermilion on her forehead, deceitfully inducing a belief of lawful marriage, he cohabited her and thereafter when she demanded him for legal marriage, then the appellant denied to marry her stating that he belonged to Brahmin Caste whereas she belonged to Harijan Caste.