NETRAM YADU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 9.2.2015 passed by the Additional Sessions Judge (FTC), Raipur in Sessions Trial No.338 of 2014, whereby the Appellant has been convicted and sentenced as under:

(2.) Facts of the case, in brief, are that on the relevant date, age of the prosecutrix (PW3) was below 18 years. On 6.9.2013, mother of the prosecutrix, namely, Punni Sahu (PW4) lodged First Information Report (Ex.P8) of missing of the prosecutrix stating therein that the prosecutrix was missing since 5.9.2013. She reported that the prosecutrix went to the school, but did not return thereafter. On being inquired, one Ramdulari told her that the prosecutrix was going away along with one boy. On 14.9.2013, the prosecutrix returned home. Her statement was recorded in which she disclosed that on the date of incident, when she was returning along with her friend Manju, on the way, the Appellant made her sit in an auto against her will and took her to Village Palod, New Raipur. There he kept her for a week at the site where construction was going on. Despite being refused by her, he committed sexual intercourse with her there saying that he will marry her. He did not allow her to go back. On the basis of her statement, other offences were added against the Appellant. On completion of the investigation, a charge-sheet was filed against the Appellant. Charges were framed against him.

(3.) In support of its case, the prosecution examined as many as 10 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the Appellant denied the guilt. No witness has been examined in his defence.