TILAK DAS VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 16.5.2017 passed by the Additional Sessions Judge (FTC), Rajnandgaon in Sessions Trial No.40 of 2016, whereby the Appellant has been convicted and sentenced as under:

(2.) As per the prosecution story, on the relevant date, age of the prosecutrix (PW2) was 17 years and 3 months. Her date of birth is 12.3.1999. She was residing with her maternal grandfather Gopal Das (PW5) at Village Ghumka. Allegedly, between the period January, 2016 and March, 2016, the present Appellant visited the prosecutrix at her house frequently and commit sexual intercourse with her there on the pretext that he will marry her and as a result of which she conceived and was carrying pregnancy of about 3 months. Thereafter, she narrated the entire incident to her relatives. A social meeting was also convened and thereafter First Information Report (Ex.P11) was lodged by her maternal grandfather Gopal Das (PW5) on 12.7.2016. An offence was registered and during the course of investigation, both the prosecutrix and the Appellant were medically examined. Dr. Ekta Daniel (PW12) examined the prosecutrix and gave her report (Ex.P6). Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. With regard to date of birth of the prosecutrix, a progress report (school mark-sheet) (Ex.P5) of the prosecutrix was seized. Dakhil-kharij register (Ex.P9) was also seized. On completion of the investigation, a charge-sheet was filed. Charges were framed against the Appellant for offence punishable under Sections 366, 376(2)and 450 of the Indian Penal Code and Section 6 of the Act.

(3.) In support of its case, the prosecution examined as many as 16 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the Appellant denied the guilt and pleaded innocence. No witness has been examined in his defence.