TORANSINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 24.09.2014 passed by Additional Sessions Judge (F.T.C.), Rajnandgaon (C.G.) in Session Trial (POCSO) No. 20/2013, wherein the said court convicted the appellant for commission of offence under Sections 376 (2)(i) of IPC, 1860 and Section 6 of Protection of Children from Sexual Offences Act, 2012 (for short "the Act, 2012") (Taking advantage of mental and physical disable, committed penetrative sexual assault on a child) and sentenced to undergo R.I. for 10 years and fine of Rs. 500/- on each count with further default stipulations.

(2.) In the present case, prosecutrix is PW-2. She is mentally and physically disable. The appellant, on 23.09.2013 at about 4:00 p.m. while the prosecutrix was going to answer the call of nature in Village- Piparkhar, dragged her to the field and taken off her cloths, committed rape on her. The matter was informed by her to her grand-mother Fulmat Bai (PW-1) by signs and indication as she is handicapped and unable to speak. The report was lodged by Fulmat Bai on 24.09.2013 at Police Station- Ambagarh Chauki. The matter was investigated, the appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

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