ROSHAN PARDHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 6-7-2017 passed by 7th Additional Sessions Judge (FTC), Raipur CG in special criminal case No. 15 of 2017 wherein the said Court has convicted the appellant for commission of offence under Sections 363, 366 of the IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced him to undergo rigorous imprisonment for seven years and to pay fine of Rs.2000/-, RI for ten years and fine of Rs.3000/- and RI for ten years and fine of Rs.3000/- respectively with with default stipulations. All the sentences are directed to run concurrently.

(2.) In the present case, prosecutrix is PW/2. As per version of prosecution, prosecutrix was minor on the date of incident i.e.,11- 7-2016 and she was in custody of her parents. The appellant took her from lawful guardianship of her parents on 11-7-2016 from village Devpuri, Police Station Tikarapara, Raipur, CG and committed sexual intercourse with her without her consent and against her will. The matter was reported 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: