A. CHIN BABU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this appeal filed under Section 374(2) Cr.P.C., the appellant has challenged the legality, validity and propriety of the judgment of conviction and order of sentence dated 21.01.2016 passed by the Sessions Judge constituted under Protection of Children from Sexual Offences Act, 2012 and Additional Sessions Judge (FTC), Durg, District Durg, C.G. in Special Case No.112/2015, whereby and whereunder the appellant stands convicted under Section 354(A) of Indian Penal Code and Section 10 of Protection of Children from Sexual Offences Act, 2012, and considering the provisions of Section 42 of the POCSO Act, he has been sentenced as under:-

(2.) Case of the prosecution, in brief, is that on the date of incident i.e. 05.08.2015 at about 23:00 hours, prosecutrix, aged about 12 years, was sleeping in the room along with her grand mother, at that time accused/appellant (father of the prosecutrix) came there with an intent to outrage her modesty and to humiliate her, upturned her clothes and pressed her breasts. On this, when she objected to it, the appellant fled from there. Thereafter, she immediately informed the incident to her grand-mother and next day in the morning she informed the incident to her mother. Then, she along with her mother went to the police station and lodged the prompt FIR Ex.P-1 against the accused/appellant.

(3.) During investigation, Spot Map was prepared vide Ex.P-2. Dakhil Kharij Register was seized vide Ex.P-8(C). Accused/appellant was arrested on 06.08.2015 vide Ex.P-12. Statements of the witnesses were recorded. After completion of investigation, charge sheet was filed against the appellant under Sections 354 of Indian Penal Code and Sections 7 & 8 of the Protection of Children from Sexual Offences Act, 2012. The trial Court framed the charges under Section 354(A) of Indian Penal Code and Section 10 of the Protection of Children from Sexual Offences Act, 2012 against the appellant which were denied by him and he prayed for trial.