AASHIQ KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25.11.2000 passed by the Additional Sessions Judge, Sakti, District Bilaspur in Sessions Trial No.133 of 2000 convicting and sentencing each of the Appellants as under: <FRM>JUDGEMENT_25_LAWS(CHH)2_2018_1.html</FRM>

(2.) Facts of the case, in brief, are that on 13.1.2000 at about 11:00- 12:00 O'clock in the night, Appellant No.1, Aashiq Khan wrote a letter (Ex.P1) to the prosecutrix (PW1), aged about 16 years asking her to come out of her house when he reaches out of her house and gives her a call. He also wrote in the letter that thereafter he will take her away with him and if she does not come with him, he will spoil her life. He also wrote that tranquilizer tablet (a sleeping pill), which he had given to her, be administered on her parents before her coming out of the house. The prosecutrix did so in fear. She wrote a letter (Ex.P2) to her parents and left both the letters in her room and when Appellant No.1, Aashiq Khan gave her a call from outside at about 12 O'clock in the night, she came out of her house. From there, both the Appellants took her to Village Masaniya on a cycle. Thereafter, Appellant No.1, Aashiq Khan took her to Village Kotmi and there he committed sexual intercourse with her till 15.1.2000. The matter was reported by Machhander (PW5), father of the prosecutrix vide First Information Report (Ex.P6). On 16.1.2000, the prosecutrix was recovered along with Appellant No.1, Aashiq Khan from the house of aunt (Mausi) of Appellant No.1 at Village Kotmi. The prosecutrix and Appellant No.1 were medically examined. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the Appellants for offence punishable under Sections 363, 366, 376, 109 of the Indian Penal Code. Charges were framed against Appellant No.1, Aashiq Khan under Sections 363, 366 and 376 of the Indian Penal Code and against Appellant No.2, Rajesh Singh under Sections 363 and 366 of the Indian Penal Code.

(3.) To rope in the Appellants, the prosecution examined as many as 20 witnesses. Statements of the Appellants/accused were also recorded under Section 313 Cr.P.C. in which they denied the guilt and pleaded innocence. One witness has been examined in their defence.