RAJA NETAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is filed under section 374(2) of Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dated 04/07/2017 passed by Additional Sessions Judge (FTC) Rajnandgaon (C.G.) in Special S.T. No. 67/2015; whereby the appellant Raja Netam stands convicted and sentenced as under:-

(2.) Case of the prosecution, in brief, is that on the date of incident on 28/08/2015 at Gourinagar Rajnandangaon at about 6 AM morning when prosecutrix aged about 16 years was sleeping in her room, appellant/ accused, who is husband of PW-02 Arti Netam, with intent to outrage her modesty caught hold of her hand and arm, removed her clothes and touched her breast. When she raised alarm for help, her paternal aunty (Bua) Aarti Netam (PW-02), her sisters Pooja (PW-04), Kajal (PW-05) and brother Vicky reached to her rescue. The appellant assaulted upon her paternal aunty (Bua) and brother Vicky and also threatened them of life. On the same day Zero FIR is lodged vide Ex. P-1 at Outpost Chikhali by prosecutrix on the basis of which numbered FIR is lodged vide Ex. P-13 at Police Station Kotwali, Rajnandgaon (C.G.) under Sections 354B, 323, 506 of IPC and Section 8 of Protection of Children from Sexual Offences Act. Accused was arrested vide Ex. P-2. Spot map is prepared vide Ex. P-5. For the purpose of age of the prosecutrix, her Aadhar Card was seized vide Ex. P-6 and Patwari prepared spot map vide Ex. P-19. Aarti Netam and Vicky Netam were medically examined by PW-07 Sukumari Sahu vide Ex. P-10 and P-11 respectively and she found bruise on right arm of Arti Netam and abrasion over chest as also on right arm of Vicky Netam. The doctor opined that these injuries were simple in nature. Statements of the witnesses were recorded and after completion of the investigation charge sheet was filed against the appellant/accused for offence under Section 354(B), 323, 506 of IPC and under Section 8 the Protection of Children from Sexual Offences (POCSO) Act.

(3.) The Trial Court framed charges against the accused/appellant under Sections 354(B), 354(A)(i), 323(twice) and 506(Part-II) (twice) of I.P.C. and under Sections 8 the Protection of Children from Sexual Offences (POCSO) Act. The accused/appellant denied the charges and prayed for trial.