NASIR KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 3-1-2009 passed by the Sessions Judge, Mahasamund, CG in Sessions Trial No. 53 of 2008 wherein the said Court has convicted the appellant for commission of offence under Sections 363 & 366 of the IPC and sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs. 500/- and RI for four years and fine of Rs. 2000/- respectively with default stipulations. Both sentences are directed to run concurrently.

(2.) In the present case, prosecutrix is PW/1. As per version of prosecution, prosecutrix was minor on the date of incident i. e. ,18- 8-2008 and the appellant in order to get married her made undue compulsion on her and took her from village Jhalap and kept her in village Abhanpur, District Raipur. Father of the prosecutrix lodged report on 19-8-2008 and thereafter case was registered and investigated. After completion of trial, the trial Court convicted and sentenced him as aforementioned.

(3.) Learned counsel for the appellant would submit as under: