NISHAR MOHAMMAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 16.7.2001 passed by the 3rd Additional Sessions Judge, Bastar at Jagdalpur in Sessions Trial No.462 of 2000 convicting and sentencing the Appellant as under:

(2.) Facts of the case, in brief, are that the prosecutrix (PW4), aged about 15 years, daughter of Angad (PW1), on the fateful day, was a student of 7th Standard of Maharani Laxmibai Girls School, Jagdalpur. Allegedly, on 29.4.1999 at about 9:00 a.m., the Appellant abducted her from her legal guardianship. When she did not return her home, her father Angad (PW1) made a search for her. Ultimately, on 14.5.1999, he made a written report (Ex.P3) on the basis of which First Information Report (Ex.P1) was registered. On 17.5.1999, the prosecutrix went to the police station where her statement was recorded. Statements of other witnesses were also recorded under Section 161 of the Code of Criminal Procedure. Regarding her age, one certificate was seized from Headmistress Gita Yadu (PW7). According to the entry of dakhil-kharij panji (admission-transfer register), date of birth of the prosecutrix is 27.9.1984. On completion of the investigation, a charge-sheet was filed against the Appellant for offence punishable under Sections 363 and 366 of the Indian Penal Code. Charge was framed against him under Section 366 of the Indian Penal Code.

(3.) To rope in the Appellant, the prosecution examined as many as 7 witnesses. Statement of the Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the guilt and pleaded innocence. No witness has been examined in his defence.