SUNIL KUMAR VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Appellant stands convicted and sentenced to undergo R.I. for 7 years and to pay fine of Rs.3000.00 with default sentence of R.I. for 1 year under Sec. 376(1) of IPC, as ordered on 20/4/2001 by the Additional Sessions Judge, Bemetara, District Durg, in Sessions Trial No. 213/1998.

(2.) Case of the prosecution in brief is that the Prosecutrix (PW-1) on 7/5/1998 lodged an FIR at Police Station, Bemetara, District Durg, which was registered as Crime No.115 of 1998, alleging that the Appellant had on the pretext of marriage maintained physical relationship with her for over a year prior to the date of lodging of the FIR. That, in between, she had also got conceived and gave birth to a male child and insisted the Appellant for marrying her and when he refused to marry, she was compelled to lodge the FIR. After investigation, charge-sheet was filed and the matter was put to trial before the Court of Additional Sessions Judge, Bemetara, where the case was registered as Sessions Trial No. 213 of 1998.

(3.) During the trial, the prosecution has examined as many as 14 witnesses. In defence, the Appellant did not examine any witnesses. After the conclusion of the trial, the Sessions Judge vide impugned judgment found the Appellant to be guilty of having committed the offence under Sec. 376(1) of IPC and after convicting the Appellant for the said offence, sentenced him for the period as mentioned in the first paragraph of this judgment, which gave rise to the filing of the present appeal.