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2023 Supreme(Chh) 94

SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Kishan Lal @ Champa Yadav, Son of Shri Mahruram – Appellant
Versus
State of Chhattisgarh, through Police Station Ghumka, District Rajnandgaon (Chhattisgarh) – Respondent


Advocates Appeared:
For the Appellant : Mr. P. Chetan Kumar and Mr. Pramod Ramteke.
For the Respondent: Mr. Animesh Tiwari, Mr. Sudeep Verma and Mr. Soumya Rai.

JUDGMENT :

[Sanjay K. Agrawal, J.]

1. This criminal appeal preferred by the appellant-accused herein under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 03.03.2022, passed by the learned Additional Sessions Judge (FTSC), Rajnandgaon (Chhattisgarh) in Special Sessions (POCSO) Case No.08 of 2020 (State of Chhattisgarh vs. Kishan Lal @ Champa Yadav), whereby he has been convicted for offence under Section 376(3) of Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for 20 years with fine of Rs.2,000/- and, in default of payment of fine, additional rigorous imprisonment for one year.

2. The case of the prosecution, in short, is that between 03.08.2018, at or about 04:00 AM in the morning, to 08.08.2018, at or about 01:00 AM in the night, in the house of the complainant, namely, Roman Lal Verma (PW-01), within the ambit of Police Station Ghumka, the accused-appellant herein abducted minor victim from lawful custody of her father on the pretext of doing marriage and, further on and before 09.08.2018, at Nagpur, committed sexual intercourse with the victim, aged about 15 years 01 month and 14 days, continuo

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