AALOK TOPPO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against judgment dtd. 6/10/2016 passed by the Special Judge under the Protection of Children from Sexual Offences Act, 2012 (henceforth 'the Pocso Act') and Additional Sessions Judge (FTC), Jashpur in Special Case No.74 of 2015, whereby the Appellant has been convicted and sentenced as under:

(2.) According to the prosecution case, the prosecutrix (PW2) was a deaf and dumb girl and was aged about 13 years at the relevant time. According to the entries of her school progress report (Ex.P6), her date of birth is 28/11/2002. The date of incident is 15/7/2015. According to the ossification test report (Ex.P23), her radiological age was 14-15 years. It is the case of the prosecution that on 15/7/2015 at about 5 p.m., the prosecutrix (PW2) was standing at Basen Chowk. At that time, the Appellant came there on a bicycle. Having seen him, she asked him to give his bicycle for cycling. She cycled his bicycle to some distance. He went behind her and made her sit on the bicycle and took her on the bicycle to a jungle. Allegedly, there he committed forcible sexual intercourse with her. Thereafter, he left her back near her house. Sumitrabai (PW3), mother of the prosecutrix having seen blood stains on the clothes of the prosecutrix asked her then the prosecutrix told her about the incident. The matter was reported by Dilip (PW4), father of the prosecutrix vide Ex.P11. The prosecutrix was medically examined by Dr. Rosa Toppo (PW1). Her report is Ex.P1. Statements of the prosecutrix and other witnesses were recorded under Sec. 161 of the code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the Appellant. The Trial Court framed charges against him.

(3.) To bring home the offence, the prosecution examined as many as 14 witnesses. Statement of the Appellant was also recorded under Sec. 313 of the Code of Criminal Procedure in which he denied the guilt, pleaded innocence and false implication. No witness has been examined in his defence.