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2012 Supreme(Chh) 151

PRITINKER DIWAKER
Bhawani Shavara – Appellant
Versus
State of Chhattisgarh – Respondent


JUDGMENT

This appeal arises out of the judgment and order dated 27-10-2007 passed by Additional Sessions Judge, Sakti District Janjgir Champa in Sessions Trial No. 117/2007 convicting the accused/appellant under Section 376 (1), IPC and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for three months.

2. In the present case, the prosecutrix (PW-6) was aged about 19 years on the date of incident. Case of the prosecution in brief is that on 14-3-2007, she lodged a written report Ex. P-5 alleging that one year prior to the date of incident, she was allured by the accused/appellant on the promise of marriage and since then she was being subjected to sexual intercourse by him on account of which she became pregnant. While carrying pregnancy of two months, her parents married her somewhere else but the moment her husband came to know about her pregnancy he dropped her at her parent’s house. Thereafter, the prosecutrix informed the accused/appellant about her pregnancy through him but even then giving the evasive reply of marriage he went on making physical relations with her.

















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