PRAKASH MANDAVI Vs. STATE OF C.G.

JUDGEMENT

(1.) Assailing the legality, correctness, judicial propriety of the impugned judgment of conviction and award of sentence dtd. 15/12/2015 passed in Sessions Trial No. 17/2013, in the Court of Fast Track Court of Additional Sessions Judge and Special Judge POCSO, 2012 Rajnandgaon (C.G.) (for short, 'the trial Court'), whereby the appellant has been convicted and sentenced in the following manner:- <IMG>JUDGEMENT_116_LAWS(CHH)7_2022_1.jpg</IMG> The appellant is before this Court in this Criminal Appeal under Sec. 374(2) of Criminal Procedure Code, 1973 (for short, 'CrPC').

(2.) The appellant was convicted for offence punishable under Ss. 376, 377 of Indian Penal Code, 1860 (for short, 'IPC') and Sec. 3/4 of POCSO Act on the allegation of committing rape of his niece at about 10-11 a.m. on 27/8/2013 in the house of her grand mother at village Korinbhata, Rajnandgaon. Facts of the case

(3.) The prosecution story in brief is that mother of prosecutrix/victim Smt. Annu Sahu (PW-1) who lives in Atal Awas Kaurinbhata and she is a maid servant and her husband Rajesh Kumar Sahu (PW-3) is a Rickshaw puller. She used to go for work at 6 am and comes back at about 1:30 pm and her husband Rajesh Kumar Sahu (PW-3) also goes for his work. They are having three children and their elder daughter Prosecutrix (PW-2) is aged about 10 years and studying in class 6th. On the fateful day i.e. on 27/8/2013 the prosecutrix did not go to school and from that day she acted restless and complaint of pain in her hips and irritation on her private part. Therefore, she used to apply powder on it. It is further case of prosecution is that on 5/9/2013 prosecutrix (PW-2) was pressed her chest then she asked her not to do it, prosecutrix stated that she did not go to school and revealed that when at about 10-11 am she went to house of her grand mother and at that time her uncle/appellant Prakash Mandavi taking advantage of loneliness started pressing her chest and committed sexual intercourse and unnatural intercourse with her. This being informed by prosecutrix, she examined her in person and found some swelling in the private part, thereafter, FIR (Ex.P-1) was lodged on 5/9/2013. Rajesh Choudhary (PW-12) who prepared Spot Map (Ex.P-2), seized underwear of the prosecutrix (Ex.P-4) and also seized Dakhil Kharij Register (Ex.P-5C) and Attendance Register (Ex.P-7C), the prosecutrix was medically examined by Dr. Sohadra Thakur (PW-8) who gave the medical examination report (Ex.P-9). Appellant was medically examined by Dr. Sanjay Meshram (PW-9).