DULAR KEWAT @ GOTEK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) None was present for the appellant today. Under the order of this Court, passed separately today, Mr. K.K. Singh, Advocate appears on behalf of the appellant and argues the matter.

(2.) This appeal has been preferred under Section 374 (2) of Cr.P.C against the judgment dated 10/07/2013 passed in S.T. No. 203/2012 by the Additional Sessions Judge (FTC), Janjgir-Champa (C.G.) convicting the accused/appellant under Section 376 of IPC and sentenced him to undergo RI for 7 years and to pay fine of Rs. 200/- with default stipulation.

(3.) Case of the prosecution, in brief, is that on 06/09/2012 a written report (Ex.P-9) was submitted by the prosecutrix (PW5), aged about 14 years, alleging that on 08/08/2012, the accused/appellant had taken her from the legal guardianship of her parents, visited various places and committed sexual intercourse with her. Finally, he left the prosecutrix at his brother (Prosecutrix's brother) at Dheradhun and fled away. The matter was informed by the prosecutrix to her grand-mother. Thereafter, a written report was lodged by her. On the basis of the written report, a FIR (Ex.P-20) was lodged. The prosecutrix was examined by Dr. Smt. Mamta Jagat. The accused/appellant was also examined by Dr. R.D. Gupta (PW2). Statement of the witnesses under Section 161 of Cr.P.C were recorded. To guilt the accused/appellant, the prosecution has examined as many as 14 witnesses. No defence witness has been examined. Statement of accused/appellant under Section 313 of Cr.P.C was recorded, wherein he denied all the charges and pleaded his innocence and false implication in the case. After investigation, a charge- sheet under Sections 363, 366 and 376 of IPC was filed. Charges were framed. After trial, the trial Court has acquitted the accused/appellant under Sections 363 and 366 of IPC and convicted him under Section 376 of IPC and sentenced to undergo as mentioned in paragraph one of this judgment. Hence, this appeal.