GANPAT KUMAR BAGHEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal under Section 374(2) of CrPC is to the judgment of conviction and order of sentence dated 29/07/2016 passed by the Additional District & Sessions Judge (FTC), Balodabazar in Special Sessions Case No.15/2015 whereby the appellant stands convicted under Sections 451, 354 of IPC and Section 8 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and considering the provisions of Section 42 of the, he was sentenced as under:

(2.) Case of the prosecution in brief is that on 25.1.2015, the prosecutrix, aged about 12 years, lodged a written report at Police Station-Palari to the effect that on the said date at about 5 pm while she was at her home and playing with her Padasi Madhu, Khileshwari, Tukeshwar, at that time the appellant entered her home, with intention to outrage her modesty caught hold of her hands and forced her to run away with him on the allurement of giving her golden leaf (locket). The said incident was witnessed by her neighbour Lagnibai. During investigation, spot map Ex.P/2 was prepared, statement of the prosecutrix was recorded under Section 164 of CrPC and case diary statements of other witnesses were also recorded. After completing the formalities of investigation, charge sheet under Sections 452, 354 of IPC and Section 8 of POCSO Act was filed against the appellant. The trial Court framed charges under Sections 451, 354 of IPC and Section 8 of POCSO Act against the appellant, which were denied by him and he prayed for trial.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 04 witnesses in all. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication. However, no witness in defence was examined by the accused/appellant.