DEENBANDHU NETAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred under Section 374 (2) of Cr.P.C against the judgment dated 06/02/2015 passed in Sessions Trial No. 54/2014 by the Second Additional Sessions Judge, Balod, District Balod (C.G.), whereby the Appellant has been convicted under Section 376 read with Section 511 of the IPC, and Sections 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 (henceforth 'the Act') and sentenced to undergo RI for 10 years with fine of Rs. 200/- and RI for 10 year with fine of Rs. 200/-, respectively, with default stipulations.

(2.) In this case, the victim girl was aged about 3 years at the time of alleged incident. According to the case of the prosecution, on 04/06/2014 at about 7:30 am when she was roaming on bicycle with her elder brother near her house, suddenly chain of bicycle got-off and for such Harshit, brother of the victim girl went to the appellant. After repairing the bicycle, Harshit returned to the house leaving her sister playing there. The appellant, thereafter, took the victim girl inside his house and removed her undergarment. He tried to commit sexual intercourse with her. At about 8:15 am, the victim girl came back to her house holding her undergarment and complained about some pain in her private part. Then, her mother Hemlata examined the victim girl and found some liquid on her thighs. She intimated the incident to the neighbours and her husband. The matter was reported. Statement of witnesses under Section 161 of the Cr.P.C were recorded. After completion of investigation, a charge-sheet was filed. As many as 12 prosecution witnesses have been examined. Statement of the Appellant under Section 313 of the Cr.P.C was recorded, wherein he has pleaded his innocence and false implication in the matter. No defence witness has been examined.

(3.) After trial, the trial Court has convicted and sentenced the Appellant as mentioned in paragraph one of this judgment. Hence, this appeal.