DILIP KUMAR SAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 27.01.2014 passed in Sessions Case No.70/2013 by the learned Additional Session Judge (FTC), Jashpur (C.G.) wherein, the Appellant has been convicted as mentioned below:

(2.) In this case, at the relevant time, the age of the prosecutrix was about 13 years and she was studying at class 7th on Saraswati Shish Mandar School, Dokda. As per the prosecution story, on 16.04.2013 at around 02:00 P.M, the Appellant along with uncle of the prosecutrix namely Rajkumar came to the house of the prosecutrix and after some time, Rajkumar went near the Basti. The prosecutrix went to find her uncle Rajkumar where, the present Appellant came and took the prosecutrix near the Forest and committed sexual intercourse with her and also threatened her not to tell anyone about the incident. The prosecutrix told about the incident to her mother. Thereafter, matter was reported by her mother. Prosecutrix was medically examined vide Exhibit P-7. After completion of investigation, charge sheet was filed by the police. Trial Court framed the charges. To robe the Appellant, the prosecution has examined as many as total 13 witnesses. In the statement recorded under Section 313 of Cr.P.C, Appellant abjured the guilt and pleaded his innocence and false implication in the matter. No defence witness has been examined. After completion of trial, Trial Court convicted the Appellant and sentenced him as mentioned in Para 01 of this judgment. Hence, this appeal.

(3.) It is reported vide jail report that the Appellant has been released from jail on 08.09.2020 after completion of his entire jail sentence imposed upon him by the concerned Trial Court.