RAJA BABU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence passed by the Special Court on 26.08.2014, whereby appellant has been convicted under Sections 363, 366 and 376 of IPC and sentenced to undergo R.I. for 7 years with a fine of Rs.1000/-, R.I. for 7 years with a fine of Rs.1000/- and R.I. for 7 years with a fine of Rs.1000/- respectively.

(2.) The facts of this case are these that Hemprakash(PW-2) informed the P.S.-Dhamtari on 13.01.2013, at about 22.30p.m. that prosecutrix (PW-9) had been for work on that day and has not returned, after searching her whereabouts the information was given in the police station, missing person report was recorded in station house diary (unexhibited). During the search of prosecutrix, she was recovered on 25.01.2013 in village-Desaee, District-Panna(M.P.) in the residence of appellant/accused person vide Ex.P-8. On the basis of inquiry report of missing person, FIR was recorded vide Ex.P-10 in P.S.-Dhamtari on 26.01.2013 and offence was registered under Section 363 of IPC and Section 3(i)(ii) under the Act, 1989. In the course of investigation, prosecutrix was medically examined, under garments of appellant was seized vide Ex.P- 1, under garments of prosecutrix was seized vide Ex.P-2. For confirmation of age of prosecutrix, school transfer certificate was seized vide Ex.P-3 and school admission register of Hemaband Government Primary school was seized vide Ex.P-

(3.) (II). Appellant/accused was also medically examined and sample of semen were seized vide Ex.P-4. Spot map was prepared vide Ex.P-7 and Ex.P-9, seized under garments were sent for examination by the Medical Officer, who advised for chemical analysis vide Ex.P-12 and Ex.P-13. One spot map was prepared Ex.P-15 by Revenue Officer, vaginal slide of prosecutrix was seized vide Ex.P-19. On the advice of doctor radiological examination of prosecutrix was carried out vide Ex.P-23, according to which, her age was reported to be below 17 years. The statements of witnesses were recorded in the investigation. On completion of investigation, charge-sheet was filed against the appellant/accused person. 3. Appellant/accused was charged under Sections 363, 366 and 376 of IPC and Section 3(i)(12) of the Act,1989, appellant denied the charges and pleaded innocence. Prosecution has examined 15 witnesses, defence has not examined any witness on examination under Section 313 of Cr.P.C., appellant has again pleaded innocence and false implication in this case. On completion of trial, the impugned judgment was passed whereby the appellant was acquitted of charge under Section 3(i)(12) of Scheduled Cast and Scheduled Tribes Act, 1989 has been convicted and sentenced, as mentioned above.