SANTOSH @ BUCHANTI @ CHHOTU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is filed under sec. 374(2) of Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dtd. 11/10/2019 passed by Special Judge (POCSO Act), Bhatapara, District Balodabazar Bhatapara (C.G.) in Special Criminal Case No. H-24/2017; whereby the appellant Santosh @ Buchanti @ Chhotu stands convicted and sentenced as under:-

(2.) Case of the prosecution, in brief, is that on 10/08/2017 at around 10:00 AM the prosecutrix, a student of Class-X, had gone to her grandmother's house for bringing Tulsi leaves. While she was returning to her home, on the way the appellant caught hold of her hands with intent to outrage her modesty and somehow she escaped from there and informed about the incident to her mother and Aunt. Thereafter, on the report of the prosecutrix offence under Ss. 341 and 354A of IPC and Sec. 8 of POCSO was registered against the appellant vide Ex. P-1. During investigation spot map Ex. P-2 was prepared. Dakhil- Kharij register of the school where the prosecutrix was studying was seized vide Ex. P-3. Progress report of the appellant of Primary School was seized vide Ex. P-5. The appellant was arrested on 11/08/2017 vide arrest memo Ex. P-6. After recording statements of the witnesses and completing the formalities of investigation, the charge sheet was filed against the appellant under Ss. 354(d) and 341 of IPC and under Sec. 8 of POCSO Act.

(3.) The Trial Court framed charges under Ss. 341 and 354(d) of IPC and under Sec. 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 against the accused which were denied by him and he prayed for trial.