PARDESHI DAS MAHANT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the Code of Criminal Procedure has been preferred by the appellant calling in question the legality and correctness of the judgment dtd. 14/9/2015 passed by the learned Additional Sessions Judge (Fast Track Court), Korba in Sessions Trial No. 34/2014 whereby the appellant has been convicted under Ss. 363 and 366(A) of the Indian Penal Code and sentenced to undergo rigorous imprisonment along with fine, while he has been acquitted of the charge under Sec. 376(1) IPC. Being aggrieved by his conviction and sentence, the appellant has approached this Court.

(2.) The prosecution case, in brief, is that on 18/12/2005, mother of the prosecutrix lodged a missing report at Police Station Kotwali, Korba stating that her daughter had gone missing. On the basis of the said information, missing report No. 69/2005 was registered and search proceedings were undertaken. She could not be traced for several years. It is the prosecution case that during investigation conducted subsequently, on 21/6/2013 the prosecutrix was recovered from the custody of the present appellant. Her statement was recorded during investigation wherein she allegedly stated that the appellant had taken her away by alluring her and thereafter committed sexual intercourse with her. On the basis of her statement, Crime No. 346/2013 was registered against the appellant for offences punishable under Ss. 363, 366(A) and 376 IPC was filed and the case was committed to the Court of Sessions for trial. The learned trial Court framed charges against the appellant for offences punishable under Ss. 363, 366(A) and 376(1) IPC. The appellant denied the allegations and pleaded false implication.

(3.) To bring home the charges, the prosecution examined eight witnesses and produced documentary evidence including recovery memos, investigation papers and school records relating to the age of the prosecutrix.