TEJULAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 6.2.2015 passed by the Additional Sessions Judge (FTC), Raipur in Special Sessions Trial No.313 of 2013, whereby the Appellant has been convicted and sentenced as under:

(2.) Case of the prosecution, in brief, is that on the relevant date, age of the prosecutrix (PW2) was about 13 years. On 22.6.2013, Ballu Rai (PW1), father of the prosecutrix lodged a missing report regarding missing of the prosecutrix stating that on 6.5.2013, the prosecutrix saying that she was going out to play went out of home, but thereafter she did not return. Police registered a case of missing of the prosecutrix. On 12.9.2013, parents of the prosecutrix brought her along with them. Then her recovery proceeding was done by the police. Her statement was recorded under Section 161 of the Code of Criminal Procedure. She was medically examined by Dr. Neela Kumhare (PW7). Statements of other witnesses were also recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed. Charges were framed against the Appellant.

(3.) In support of its case, the prosecution examined as many as 7 witnesses. Statement of the Appellant was recorded under Section 313 of the Code of Criminal Procedure in which he denied the guilt, pleaded innocence and false implication. No witness has been examined in his defence.