STATE OF CHHATTISGARH Vs. LEKHRAM

JUDGEMENT

(1.) The Respondent herein was working in the house of the father of Sushila Bai (PW-1). She is said to have been born on 25-12-1970. She was admitted in a village school in 1977. She was married in the year 1985. She came back to her parents place from her in-laws house after the gauna ceremony was celebrated. The Respondent herein is said to have induced her to leave the village along with him in the night intervening between 25th and 26th February, 1986. A First Information Report was lodged on 26-2-1986 by Jeewan Ram Chandel (PW-6) who happened to be the brother-in-law of the prosecutrix Sushila Bai. In the said report, the Respondent herein was said to have been abducted her. The father of the prosecutrix, however, was asked by the officer-in-charge of the police station to produce proof of her age whereupon certificate as per the school register was filed. A case under Sections 366 and 376 was thereafter initiated against the Respondent. The prosecutrix (PW-1) and the Respondent thereafter were found to be residing at Nagpur. The first informant was sent there by the father of the prosecutrix with the police party. PW-1 was recovered on 23-3-1987.

(2.) PW-1 alleged in her evidence before the court that she was taken out of the house by the Respondent stating that he would take her to the Narmada Fair.

(3.) The prosecution admittedly was proceeding on the hypothesis that the Respondent had assured her that he would keep her like his wife. When she denied the said fact, she was declared hostile.