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2024 Supreme(Online)(CHH) 128

HIGH COURT OF CHHATTISGARH
Smt. Justice Rajani Dubey, J
SHEKHAR SHYAM KUNWAR @ MAIYA – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Advocates:
Ms. Anju Ahuja, Advocate; Mr. Ajay Kumrani, Panel Lawyer

CAV Judgment

This appeal is directed against the judgment of conviction and order of sentence dated 21.8.2003 passed by the Sessions Judge, Rajnandgaon in ST No.48/2003 whereby the appellant stands convicted and sentenced as under:

ConvictionSentence
Under Section 363 of Indian Penal Code.RI for three years,
Under Section 366 of Indian Penal Code.RI for five years
Under Section 376(1) of Indian Penal Code.RI for 10 years.

All the sentences were directed to run concurrently.

02. Case of the prosecution, in brief, is that the appellant is a distant relative Kaka (uncle) of the prosecutrix, a student of class-X, and he used to frequently visit her house and say that he is in love with her and wants to marry her, to which she would not react and also could not complain to her parents out of hesitation. On 16.2.2003 while the prosecutrix was going to attend tuition class, on the way the appellant met her and asked her to elope with him right now. On this, when the prosecutrix refused, he threatened her of being defamed in the society and get her kidnapped. She got frightened and then the accused/appellant took her to Bailapasra Bus Stand and from there to Nagpur by bus. Thereafter, she was tak

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