KALYAN KALKAR Vs. VINOD TEKAM,

JUDGEMENT

(1.) In this criminal appeal, challenge is levied to the judgment of conviction and order of sentence dated 13.05.1999 passed by the second Addl. Sessions Judge, Ambikapur, Surguja(M.P.) (now in C.G.) in Sessions Trial No. 403/1994 whereby and whereunder he convicted and sentenced the appellant as under:-

(2.) In brief, the prosecution story is that at the time of alleged incident prosecutrix was about 12 years old, she was a resident of Ganjar-anpara. On 21.06.1994 appellant enticed prosecutrix that he would marry her. Prosecutrix believed on his promise and went to Pratappur Naka. Thereafter, appellant took her to village Sedam where he committed repeatedly sexual intercourse with her. Meanwhile, her father informed Police Station Ambikapur on 21.06.1994 that she was missing. On such information a report of missing person was registered. Thereafter, her father took back her from Sedam to his house. On 27.06.1994 an FIR was lodged against the appellant in Police Station Ambikapur. After completion of the investigation a charge-sheet was filed against him under Sections 363, 366, 376 of IPC. The trial Court framed charges against him under Sections 363, 366, 376 IPC. He abjured the charges and faced trial. To bring home the charges the prosecution examined as many as 6 witnesses. He did not examine any witness on his defence. After conclusion of the trial, trial court convicted and sentenced him as aforesaid.

(3.) Being aggrieved, the appellant has preferred this criminal appeal.