STATE OF CHHATTISGARH Vs. HEMRAJ @ KHEER SINGH MANJHI

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment dated 31.1.2006 passed by Additional Sessions Judge (FTC), Raipur in ST No.347/2005 acquitting the respondent/accused of the charges under Sections 363, 366 & 376 of IPC.

(2.) As per prosecution case, on 21.9.2005 missing report (Ex.P/1) was lodged by father of the prosecutrix (PW-1 Gambhir Singh) alleging in it that his minor daughter/prosecutrix has been allured away by the respondent/accused on 17/18th January, 2005. Based on this report, FIR (Ex.P/23) was registered against the respondent/accused under Sections 363, 366 & 376 of IPC and after filing of charge sheet, the trial Judge framed charges accordingly.

(3.) The prosecution in order to prove its case examined as many as 15 witnesses. Statement of the respondent/accused was recorded under Section 313 of CrPC in which he denied the incriminating circumstances appearing against him in the prosecution case, pleaded innocence and false implication.