VISHNU NANDI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29.3.2011 passed by the 8th Additional Sessions Judge (FTC), Durg in Sessions Trial No.71 of 2010, whereby the Appellant has been convicted and sentenced as under:

(2.) Case of the prosecution, in brief, is that on 17.7.2009, Dungermal Jain (PW13), father of the prosecutrix (PW4) lodged a missing report regarding missing of the prosecutrix that she was missing from 16.7.2009. It was reported that the prosecutrix and her mother had gone to Dr. Sona George. After sometime, the prosecutrix, who was about 22 years of age, came out of the clinic and disappeared. On being inquired, it came to know that she had gone away in a Maruti Van. During inquiry proceedings, relatives of the prosecutrix expressed their doubt on the Appellant. On 30.7.2009, police found the Appellant at the railway station. On being inquired, he told the police that he had hidden and kept the prosecutrix at the house of Premdayal Pandey (PW2) at Adityanagar, Durg. The police went there and recovered the prosecutrix vide Ex.P11A. Thereafter, as informed by the prosecutrix, Dehati Nalishi (Ex.P1) was recorded. On the basis of Ex.P1, First Information Report (Ex.P14) was registered. On completion of investigation, a charge-sheet was filed. Charges were framed against the Appellant.

(3.) In support of its case, the prosecution examined as many as 16 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. 2 witnesses N.R. Gayakwad (DW1) and Ganesh Nayak (DW2) have been examined in defence of the Appellant. It was the defence of the Appellant that there was a love relationship between him and the prosecutrix and both of them wanted to marry each other and they had also submitted a joint application before the District Magistrate for their registered marriage. Due to their love relationship, the prosecutrix herself left the company of her parents and she was living with him with her own consent at a rented house.