SHIV KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentences dated 31.10.2002 passed by learned Sessions Judge, Rajnandgaon (C.G.) in Sessions Trial No. 146/2001, the appellant stands convicted and sentenced as under:-

(2.) As per prosecution case, on information received from PW-1 -Dhanaram, father of prosecutrix, a missing person report was recorded on 17.05.2001 in police station- Lalbagh in Sahana missing person No. 6/2001 and in reference to missing person report, inquiry was conducted by concerned police. Thereafter, a First Information Report (Ex.-P/22) was registered by Ms. Priti Bathri (PW-11), Investigating Officer, on 27.10.2001 at about 4:30 PM against accused/appellant under Section 363, 366 and 376 IPC. The case of the prosecution is that the prosecutrix (PW-2) was aged about 17 years on the date of incident. She is a married woman. Her marriage was solemnized on 02.05.2001 with Mahesh Sinha resident of Village- Mudhipaar. On 13.05.2001, the prosecutrix came back to her father's Village- Kotrasarar from Village- Mudhipaar. On 14.05.2001 at about 7:00 PM, the prosecutrix had gone for answer the call of nature and not returned to home. The prosecutrix was searched, but she was not found. On 27.05.2001, prosecutrix came back to Village Kotrasarar with the accused/appellant and the FIR (Ex-P/22) was lodged.

(3.) In the present case, it was revealed from 161 Cr.P.C. statement of the prosecutrix (PW-2) that as per pre-plan, accused/appellant and co-accusedMahendra met with the prosecutrix. All of them had gone towards Bakal station by bicycle. Mahendra was cycling another bicycle. Shiv Kumar was cycling another bicycle, in which, the prosecutrix was sat on the carrier. Then they (accused and prosecutrix) left bicycle on Bakal station and by train they went to Dongargarh. They again changed the train and went from Dongargarh to Nagpur and from Nagpur, they had gone to Yawatmaal by bus. They reached Yawatmaal and stay approximate 8 days at the house of Ramesh Kumar Mandavi/co-accused. During this period accused-Shiv kumar without her consent forcefully made sexual intercourse against her and every day accused made sexual intercourse with the prosecutrix. After 8 days one village people Janak Sinha reached Yawatmaal, then the prosecutrix and Shiv Kumar came back village Kotrasarar. Prosecutrix stated in her statement that accused/appellant forcefully create love affair with the her. Both are giving letters to each other. After returned to Kotersarar, prosecutrix informed that the accused has given life threat to her and compel for sexual intercourse and accused made sexual intercourse with the prosecutrix.