Dharamdas Mahant vs State Of Chhattisgarh on 7 March, 2025

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1. Challenge in this appeal is to the judgment of conviction and sentence

dated 03.10.2019 passed by Special Judge (Protection of Children from

Sexual Offences Act, 2012) in Special Sessions Case No. 04/2018

whereby the appellant has been convicted under Section 376 (2)(i) and

(n) of the IPC and sentenced to undergo rigorous imprisonment for 10

years, with fine of Rs. 1,000/-, in default of payment of fine, to further

undergo imprisonment for three months.

2. Case of the prosecution, in brief, is that victim (PW-1) is residing in the

house of her maternal aunt (Bua) since 5-6 years back. While residing in

her maternal aunt’s house, his cousin brother (appellant) had committed

rape upon her repeatedly after giving allurement of marriage with her, by

which, she conceived pregnancy and when she informed her pregnancy

to the appellant, initially he was ready to accept her, but subsequently

refused to accept her. She went back to her mother and informed about

the incident and then she lodged written report (Ex.P-1) on 15.11.2017 to

the Police. On the basis of written report lodged by the victim, FIR (Ex.P-

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