KAUSHAL CHOUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Shri Akhtar Hussain, Advocate has been engaged by the appellant, but despite repeated calls, none appeared, therefore, Shri TK Tiwari, Advocate present in the Court is appointed as Amicus Curiae to argue the matter on behalf of the appellant.

(2.) The appeal is directed against judgment dated 18.6.2008 passed by Additional Sessions Judge, Sakti, Distt. Janjgir Champa (CG) in Session Trial No.174/2007 wherein the said Court convicted the appellant for commission of offence under Sections 363 and 366 A of the Indian Penal Code, 1860 and sentenced him for the offence under Sec. 366 A to undergo RI for five years and to pay fine of Rs.1500.00 with default stipulation.

(3.) In the present case prosecutrix is PW-10. As per the version of the prosecution, on 06.4.2007 the prosecutrix went out of the house to answer the call of nature and thereafter she did not come back to the house. Father of the prosecutrix enquired about her but she could not be traced, thereafter he lodged a missing report after two days. During investigation it was unearthed that on 06.4.2007 the appellant took her to village Gadghodi on the pretext of marriage and thereafter continuously committed intercourse with her. The matter was reported, the appellant was charge sheeted and convicted as mentioned above.