TILAKRAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 25th of February, 2016 passed by Additional Sessions Judge, Gariyaband (C.G.) in Special Case No.12/2015 wherein the said Court has convicted the appellant for charge under Sections 363, 376 of Indian Penal Code, 1860 and under Section 6 of the POCSO Act, 2012 and sentenced him to undergo R.I. for four years with fine of Rs. 200/-, R.I. for ten years with fine of Rs. 200/-, R.I. for ten years with fine of Rs.200/- with default stipulations.

(2.) In the present case, the prosecutrix is PW-7, who is aged about 8 years. As per version of the prosecution on 6th of October 2014 from 11.30 am the prosecutrix and her elder sister playing with other children in front of appellant's house. The appellant was sitting in front of his house, all of sudden he came to prosecutrix and dragged her to his room. The appellant inserted his finger in the private part of the prosecutrix. The prosecutrix screamed due to pain and from her private part blood oozed out due to injury of finger. Prosecutrix told the incident to her elder sister (PW-3) who have seen the blood stain on private part of the prosecutrix. Thereafter, elder sister told the story to her mother (PW-2) and she also saw blood stain in private part of the prosecutrix. Mother of the prosecutrix told about the incident to the father of the prosecutrix namely Devsharan Yadav who was outside of the home for vehicle engineering work and when he came back his house the mother of the prosecutrix lodged an F.I.R. at Police Station Gariyaband. Matter was investigated and charge-sheeted and after completion of trial the trial Court convicted him as mentioned above.

(3.) Learned counsel for the appellant submits as under:-