LAXMI PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 11.02.2011 passed by 3rd Additional Sessions Judge (F.T.C.), Manendragarh, District- Koriya (C.G.) in Session Trial No. 64/2010, wherein the said court convicted the appellant for commission of offence under Sections 363 & 366 of IPC, 1860 and sentenced to undergo R.I. for 7 years and fine of Rs. 500/- on each count with further default stipulations.

(2.) In the present case, prosecutrix is PW-5. It is alleged that on 20.03.2010 at about 8:00 p.m., the appellant had taken the prosecutrix from lawful custody of her parents on allurance of marriage and thereafter, they went to many places where the appellant committed sexual intercourse with the prosecutrix. Matter was reported and investigated and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under:-