MUKESH KUMAR Vs. STATE OF CHHATTISHGARH

JUDGEMENT

(1.) Heard.

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 2.4.2003 passed in S.T.No. 128/2002 by the Court of Fifth Additional Sessions Judge, Durg (CG). The said Court held the appellant guilty of the offence punishable under Sections 363, 366 and 376 IPC and sentenced him to undergo R.I. for 3 years under Section 366 IPC and R.I. for 7 years and to pay a fine of Rs. 500, in default of payment of fine to further undergo R.I. for 3 months under Section 376 IPC, however, no separate punishment was awarded under Section 363 IPC.

(3.) The case of the prosecution is that the prosecutrix namely Kumari Lata Sahu (PW3), aged about 15 years, was residing with her parents in village Borai. She was student of class 7th. The appellant was a truck driver, who used to come to her village. She came in contact with the appellant and on 15.12.2001, in the midnight; she took departure from the guardianship of her parents, accompanied the appellant and went along with him to Raipur in his truck. There she was kept by the appellant as his wife in a rented house and after few days, the appellant took her to village Lalpur to the house of his maternal uncle, who denied to give them shelter and called the village Kotwar, who took them to Police Station, Saja from where they were brought to Police Station Pulgaon. By that time, a missing report was lodged in the said Police Station by the brother of the prosecutrix, which was recorded in Roznamcha Sana dated 17.12.2001. Based on such report, after the recovery, the First Information Report Ex. P6 was registered and the investigation commenced. The girl was sent for medical examination and was examined by Dr.(Smt.) Shyamli Rai (PW9), who prepared her report Ex. P 11. She clinically observed the age of the prosecutrix as 13-15 years and referred the matter for radiological examination, which was conducted by Dr. A.K. Sahu (PW6), who prepared his report Ex.P4, according to which, Lata was found to be aged about 15 years. Besides the above, School admission register was seized. As per the entry of the said register, the date of birth of the girl was 14.7.1988, according to which, she would be aged about 13-1/2 years. The girl made allegations that she was subjected to sexual intercourse by the appellant during her long stay with him (for one month and 8 days), therefore, after taking the statements of the mother, father and other witnesses, a charge-sheet under Sections 363, 366 and 376 IPC was filed against the appellant. After completion of the trial, the Sessions Judge convicted and sentenced the appellant as aforementioned.