TARAN DAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred under Section 374 of the Code of Criminal Procedure against the judgment and order dated 28/03/2001 passed in ST No. 269/2000 by the 2 nd Additional Sessions Judge, Baloda Bazar convicting the accused/appellant under Sections 363 and 366 of the Indian Penal Code and sentenced to undergo RI for two years with fine of Rs. 500/- and RI for 3 years with fine of Rs. 500/-, respectively with default stipulations.

(2.) Case of the prosecution, in brief, is that on 29/04/2000, the prosecutrix (PW7) (minor girl) had left her house without informing anybody in her family. She was searched in the nearby village, but when she was not found, a missing report was lodged in P.S. Suhela. On 04/05/2000, the prosecutrix was recovered from the house of Vishnu (father of accused/appellant). It is alleged that accused/Appellant had abducted the prosecutrix from the lawful guardianship of her father and had committed sexual intercourse with her without her consent, which resulted into her pregnancy. It is alleged that the accused/appellant, by giving medicine, aborted the pregnancy of the prosecutrix. Both the prosecutrix and the accused/ appellant were medically examined. Some love letters were seized from the possession of the prosecutrix. Statements of witnesses under Section 161 of Cr.P.C. were recorded. After investigation, a charge-sheet was filed under Sections 363, 366 (A) and 376 of IPC. Charges were framed against him under Sections 363, 366, 376 (1) and 312 of IPC.

(3.) In support of its case, the prosecution examined as many as 16 witnesses. Statement of the Applicant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the allegation made against him, pleaded innocence and false implication. No defence witness has been examined.