TULESHWAR RAJWADE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 28.5.2013, passed by the Additional Sessions Judge, Surajpur, Chhattisgarh, in Sessions Trial No.59/2011, convicting the accused/appellant under Sections 363, 366 & 376 of Indian Penal Code (for short 'IPC') and sentencing him to undergo SI for 1 year with fine of Rs.100/- & SI for 1 year with fine of Rs.100/- and sentencing him to undergo SI for 7 years with fine of Rs.100/- with usual default clauses, respectively.

(2.) The prosecution case, in brief, is this that the appellant abducted the minor prosecutrix on 7.12.2012 and then committed the offence of rape with her. FIR ExP-9 was lodged by mother of prosecutrix Meena Bai PW-2, on that basis the offences were registered against the appellant. The case was investigated and after completion of all the investigative procedures, charge-sheet was filed before the Court below concerned.

(3.) Charges under Sections 363, 366 & 376 of IPC were framed against the appellant, he abjured his guilt and sought trial. The prosecution in order to prove its case examined 6 witnesses in all. Statement of appellant was also recorded under Section 313 of CrPC in which he denied all the incriminating evidence appearing against him, pleaded innocence and false implication. One witness was examined by appellant in his defence. On conclusion of trial appellant stands convicted and sentenced as aforementioned in the impugned judgment.