BALIRAM @ KAMLESH SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant stands convicted under Sec. 376 IPC and has been sentenced to undergo RI for 7 years with fine of Rs.10,000.00 with default stipulation vide judgment dtd. 27/6/2001 passed by the 7th Additional Sessions Judge, Raipur in Sessions Trial No. 228 of 2000.

(2.) The prosecution story in short is that, an FIR was lodged by the PW-2-victim on 26/4/2000 alleging that the present appellant along with Sunder Lal Dewangan is said to have visited the village where the prosecutrix and her family were living. There the appellant projected himself to be an unmarried man and in the process, the father of the prosecutrix is said to have proposed the prosecutrix to be married with him. They had agreed that marriage would be conducted after sometime. Thereafter, the appellant used to visit the house of prosecutrix frequently. Some time later, the appellant is said to have, on the pretext of they would be getting marriage, had a physical relationship with the prosecutrix and in due course of time also took a house on rent near the house of the prosecutrix where the prosecutrix went and stayed along with the appellant for about 8 months during which time they stayed together as Husband and Wife and he on numerous occasions committed sexual intercourse with her.

(3.) All of sudden on 25/4/2000 a lady along with two children came to the house of the appellant where the prosecutrix was also present and she had informed to everyone that the appellant is her Husband and he is the father of her two children accompanying with her. The said lady also said that in the past also, the appellant had done similar act of marrying another lady at Rajnandgoan projecting himself to be a bachelor. Thus, being cheated by the appellant, the prosecutrix was forced to file FIR requesting for proper action against him.