ARUN GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) All the three appeals are being heard and decided by this common judgment as these appeals have arisen from common judgment of conviction and order of sentence dtd. 22/1/2019, passed by the Court of learned Special Judge (Protection of Children from Sexual Offence Act, 2012) Bilaspur, District -Bilaspur (C.G.) in Special Criminal Case No.451/2014, convicting the appellants (in Cr.A. No. 306 of 2019 and Cr.A. No.12 of 2020) under Ss. Sec. 363, 392, 120-B and 376 (D) of the Indian Penal Code and Sec. 6 of Protection of Children from Sexual Offences Act, 2012 and sentencing them to undergo R.I. for 5 years with fine of Rs.500.00, R.I. for 5 years with fine of Rs.500.00, R.I. for 5 years with fine of Rs.500.00 and life imprisonment with fine of Rs.500.00, respectively with default stipulations and in (Cr.A. No. 706 of 2019), the appellant is convicted and sentenced under Ss. 376 (D) of the Indian Penal Code read with and Sec. 6/17 of Protection of Children from Sexual Offences Act, 2012, under Sec. 363, 392 and 120-B of the Indian Penal Code and sentencing him to undergo life imprisonment with fine of Rs.500.00, R.I. for 5 years with fine of Rs.500.00, R.I. for 5 years with fine of Rs.500.00 and R.I. for 5 years with fine of Rs.500.00 respectively with default stipulations.

(2.) According to the prosecution case, on 12/11/2014, the minor prosecutrix, aged 12 years along with her sister, aged 4 years were on their way to home at about 5 PM in the evening. The appellants abducted the minor prosecutrix and her sister, took them to a lonely place. It is alleged that all the appellants gang raped the minor prosecutrix and during that incident, the locket worn by the minor prosecutrix was also looted by the appellants. All the incident occurred in unison as a result of a conspiracy. The minor prosecutrix and the victim came back home on the morning of the next day and informed about the incident to father Punit Ram Nishad (P.W.-1), who gave written complaint (Ex.P-2) in the Police Station Bilha. Unumbered FIR (Ex.P-1) was also lodged by Punit Ram Nishad (P.W.-1). The police has investigated the case and the spot map was prepared at the instance of the minor prosecutrix. The minor prosecutrix was subjected to medical examination. One mobile belonging to the appellant - Arun Gond was seized from the spot. On the basis of the discovery statement given by the appellant -Arun Gond, the locket was seized at his instance. Proof regarding date of birth of the prosecutrix was collected. The minor prosecutrix was also examined under Sec. 164 of Cr.P.C. by the Judicial Magistrate First Class. The test identification parade of the appellants was conducted by the Executive Magistrate. The statement of the prosecutrix and witnesses were recorded under Sec. 161 of Cr.P.C. Vaginal slide of the minor prosecutrix and the undergarments of the appellants were also seized, which were sent for FSL examination. After completion of investigation, charge-sheet was filed against the appellants.

(3.) The learned trial Court framed charges against the appellants Arun Gond and Deepak Tiwari under Sec. 6 of POCSO Act, Ss. 376(D) in the alternative Sec. 376, 363, 392 and 120-B of I.P.C. and against the appellant- Ashwini Gond under Sec. 376D of I.P.C. read with Sec. 06/17 of POCSO Act, Ss. 363, 392 and 120-B of I.P.C.