(1.) This appeal has been preferred against the impugned judgment dtd. 17/10/2016 passed in Special Sessions Case No.19/2016 by the Special Judge, - POCSO, 2012 in the Court of Additional Sessions Judge, (F.T.C.), Bastar, Place - Jagdalpur, (C.G.) wherein appellant has been convicted and sentenced as under :
(2.) In the present case, at the relevant time age of the prosecutrix (PW-1) was about 16 years. According to the entries made in Dakhil Kharij Panji, (Ex.P-7C) date of birth of the prosecutrix is 20/5/2000. Date of alleged incident is 30/4/2016. Brief facts of the prosecution case are that from January, 2016, prosecutrix was working as labour in the tractor of the appellant. On 30/4/2016, appellant made a phone call to prosecutrix and called her in the field where appellant made forcible sexual intercourse with the prosecutrix. Appellant also threatened her to life if she disclosed the incident to anyone. Thereafter, appellant took the prosecutrix in the house of his relatives and from there, prosecutrix made a phone call to her parents and narrated them about the alleged incident. Then parents of the prosecutrix and other villagers reached to the prosecutrix in village Bodal. Thereafter, matter was reported by the prosecutrix in the police station. Statement of prosecutrix and other witnesses were recorded under Sec. 161 of Cr.P.C. After completion of the investigation, a charge-sheet was filed.
(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.