SHIVSHANKER VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Mr. Rajkumar Yadav, Advocate has been engaged for arguing the case on behalf of the appellant. Despite repeated calls, he has not appeared when the case is called for final hearing, therefore, Mr. Manoj Mishra, Advocate, who is present in the Court has been appointed as Amicus Curiae to argue the case on behalf of the appellant.

(2.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 24.12.1999 passed by Second Additional Sessions Judge, Baloda Bazar, District- Raipur (M.P.) (Now C.G.) in Session Trial No. 508/1997, wherein the said court convicted the appellant for commission of offence under Section 376 (1) and 306 of IPC, 1860 and sentenced to undergo R.I. for 7 years and fine of Rs. 1000/- on each count with further default stipulations. All the sentences to run concurrently.

(3.) In the present case, date of incident is five months since date of report i.e. 26.11.1997. As per version of the prosecution, the appellant committed sexual intercourse with the prosecutrix on allurement of marriage and thereafter, refused to get marriage. Due to the refusal, the prosecutrix committed suicide. The matter was reported at Police Station- Kasdol, the appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.