HARIOM SHRIVASTAVA Vs. STATE OF MADHYA PRADESH STATION

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (for short 'the Code') against the judgment dtd. 17/1/2023 passed by 9th ASJ, Ujjain (M.P.) in Sessions Trial No. 27/2021, whereby the appellant has been convicted for the offence punishable under Sec. 376(2)(n) of Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') and sentenced to undergo 10 years R.I. with a fine of Rs.10,000.00 and in default of payment of fine, to further undergo one year R.I.

(2.) As per prosecution story, on 6/9/2019, the complainant lodged a written complaint before the police by submitting that the appellant works as Sales Officer in Indian Oil Corporation and at the relevant point of time i.e. May, 2019, he was posted At Ambikapur. The prosecutrix is an employee of EPFO (Employee Provident Fund Organization) and was posted at Ujjain at the time of incident. The prosecutrix became acquainted with the appellant through matrimonial site and they have started exchanging messages through whatsapp and video calls. On 22/7/2019, the appellant came to Ujjain to meet the prosecutrix and stayed in a hotel. The prosecutrix also came to the hotel and they had dinner together. When the prosecutrix asked him to go to her residence, the appellant prevented her from leaving the hotel by expressing his love and promising marriage to her. He established sexual relations with her. The appellant committed the offence subsequently as well but started avoiding her later on. In the meanwhile, the prosecutrix came to know that the appellant is having sexual dalliances with another girl and complaint was lodged by her against the appellant. On the aforesaid written complaint, an FIR was lodged under Sec. 376(2)(n) of I.P.C. After due investigation, charge-sheet was filed under Ss. 376(2)(n) of I.P.C. against the appellant.

(3.) In turn, the case was committed to the Court of Sessions and thereafter, appellant was charged for offence under Sec. 376(2)(n) of I.P.C. He abjured his guilt and took a plea that he had been falsely implicated in the present crime and prayed for trial.