CHANDRASHEKHAR GOND @ BADKU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 26.10.2018 passed by the Special Judge under the Protection of Children from Sexual Offences Act (henceforth 'the Pocso Act'), Katghora in Special Criminal (Pocso) Case No.42 of 2015, whereby the Appellant has been convicted and sentenced as under:

(2.) Prosecution case, in brief, is that on the relevant date, age of the prosecutrix (PW1) was about 16 years. She was studying in 8 th standard in Government Middle School, Sirri. On 19.8.2015, the prosecutrix (PW1) was returning from school. At that time, the Appellant came there suddenly, caught and dragged her towards a mahua tree and committed forcible sexual intercourse with her there. The prosecutrix narrated the incident to her parents. Thereafter, First Information Report (Ex.P9) was lodged by her mother Mankunwar (PW2). The prosecutrix was medically examined by Dr. Namita Walter (PW8). Her report is Ex.P5. Statements of the prosecutrix and other witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the Appellant. Charges were framed against him under Sections 506 Part II, 376 of the Indian Penal Code and Section 4 of the Pocso Act.

(3.) In support of its case, the prosecution examined as many as 14 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the Appellant denied the guilt and pleaded innocence. No witness has been examined in defence.