SANJAY Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is against the judgment dated 27.05.2014 passed by the learned Addl. Sessions Judge, F.T.C. Dhamtari, District Dhamtari (C.G.) in Sessions Trial No.46/2013 whereby the appellant has been convicted under Sec. 376 and 306 of Indian Penal Code and sentenced to undergo R.I. for 7 years with fine of Rs. 1000.00 and R.I. for 5 years with fine of Rs. 500.00 and in default of payment of fine amount, further R.I. for 6 months and 3 months each respectively.

(2.) Despite repeated calls, the counsel for the appellant did not appear and the case was passed over yesterday and was handed over to legal aid counsel and is heard with the assistance of the counsel from the legal aid.

(3.) Case of the prosecution, in brief, is that the deceased Saraswati and the appellant were in love relation for 2 1/2 years before the date of incident. On 09.07.2013 the deceased was taken to Doctor by the mother of the deceased Bindabai and after examining her, he found that she was having pregnancy of five months. Having enquired as to who was the biological father of the child in womb, she disclosed that she was in love relation with the appellant and she become pregnant due to that as she was sexually exploited on the pretext of marriage. It is the case of prosecution that the deceased then had a talk with the appellant Sanjay @ Suraj Netam when the Doctor told her that she is pregnant and the Doctor had also talked with the appellant. The Doctor after talking to appellant when asked him what is to be done, the appellant accused stated that he will keep the victim, the deceased. Thereafter the Doctor had asked appellant whether he would like to perform marriage in the Court or in the society, but nothing transpired. Thereafter, a meeting was called by the mother of the deceased Bindabai wherein the persons from the village participated. The meeting was called for the reason to decide the future course of action as the deceased was having pregnancy of five months from the appellant/accused. In the first meeting, the deceased was present but the appellant was absent. Having enquired in the meeting, the victim said that she was made pregnant by the appellant. On the second meeting only the appellant was present and having enquired he admitted the fact that he was in love relation with the deceased for last 2 1/2 years, thereafter, the girl was missing from village. After 8-9 days, the dead body of Saraswati when was found in the teak wood forest hanging and thereafter it was sent for post mortem and mother came to know of death of her daughter. Thereafter, the offence under Sec. 376 and 306 of I.P.C. was registered and the charge sheet was filed.