ARJUN SINGH THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment dated 24.01.2015 passed in Special S.T. No.H-29/2014 by the Additional Sessions Judge, FTC, Special Court (POCSO) District Mahasamund, (C.G.) wherein appellant has been convicted and sentenced as under :

(2.) According to the case of the prosecution, at the time of alleged incident, age of the prosecutrix was below 14 years. According to the entries of kotwari panji, age of the prosecutrix is 12.02.2000. On 24.06.2014 at about 1:00 PM, father of the prosecutrix lodged a report vide Ex.P-8 stating that when he and other family members returned to his house, they found that her daughter (prosecutrix) was missing from his house. On the basis of the said report, offence has been registered. Further case of the prosecution is that, appellant and prosecutrix had love relationship with each other and on various occasions, appellant committed sexual intercourse with her on pretext of marriage. On the date of incident also, on being called by the appellant, prosecutrix left her house and went to meet the appellant. There also, appellant committed sexual intercourse with the prosecutrix. Next morning prosecutrix was recovered near a tower situated at village. Her statement was recorded. She was also medically examined by the doctor. Statement of other witnesses were also recorded under Section 161 of Cr.P.C. After completion of the investigation, a charge-sheet was filed. To prove the guilt of the accused/appellant, prosecution has examined as many as 9 witnesses. No defence witness has been examined. Statement of appellant under Section 313 of the Cr.P.C. was recorded, wherein accused/appellant has pleaded his innocence and false implication in the matter.

(3.) After completion of trial, the trial Court has convicted and sentenced the appellant as mentioned in paragraph 1 of this judgment. Hence, this appeal.