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2022 Supreme(Chh) 474

SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
... – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
For the Appellant : Mr. Vikash A. Shrivastava.
For the Respondent: Mr. Animesh Tiwari, Mr. Ashish Tiwari, Mr. Arjit Tiwari.

JUDGMENT :

[Sanjay K. Agrawal, J.]

1. This criminal appeal under Section 374 (2) has been preferred by the appellant against impugned judgment dated 23/12/2021 passed by learned Additional Sessions Judge (FTC), South Bastar, Distt. Dantewada in Special Sessions Case No. 12/2021 whereby the appellant has been convicted for offences punishable under Section 376(3) of the Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act, 2012.

Prosecution story :-

2. Case of the prosecution, in brief, is that the appellant herein, on the pretext of marriage, committed sexual intercourse with the victim, aged less than 16 years, on 02/08/2020 at about 11 AM and on 15/08/2020 at his mother's house in Forest Colony Deepopara within the ambit of Police Station Bijapur on account of which she got pregnant and he thereby, committed the aforesaid offences.

3. Further case of the prosecution is that a memo was received at the Bijapur Police Station vide Ex. P/22 from the District Hospital, Bijapur pursuant to which the Gopal Singh Thakur (P.W.-9), A.S.I, Police Station Bijapur went to the Hospital wherein upon enquiry, mother of the victim (P.W.- 2) informed him that on 28/12/202

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