SANTOSH BANJARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Assailing the legality, correctness, judicial propriety of the impugned judgment of conviction and award of sentence dtd. 4/8/2016 passed in Special Sessions Trial No. 78/2014 by the learned Additional Sessions Judge (FTC) and Special Judge, Protection of Children from Sexual Ofences Act, 2012, Rajnandgaon, C.G., whereby the appellant has been convicted and sentenced in the following manner:- <FRM>JUDGEMENT_38_LAWS(CHH)11_2022_1.html</FRM>

(2.) The prosecution story in brief is that the complainant/father of prosecutrix (PW-1) was residing in village Sukuldaihaan and was working as labour and agriculturist. He has two sons and two daughters. Both his sons Shravan and Parasram and elder daughter Girja are married. His younger daughter/victim (PW-2) has studied upto class 6th and her date of birth is 16/4/1997 and she is 16 years old. It is alleged that on 31/3/2013 at about 11 am the victim (PW-2) had gone to the feld to answer the nature's call but did not return home till 2 pm. Thereafter, a search was made by her father in the village but she was not found. In the meanwhile, Jeeturam Dewangan (not examined) and Ankaluram Deshlahare (PW-5) told him that at about 1 pm they saw the victim (PW-2) going along with the appellant towards Pendry village. Thereafter, the complainant went to the house of the appellant to inquire into the matter but he was not found therein. It is alleged by the complainant that the victim who is minor was abducted by the accused/appellant on the pretext of marriage. On the information provided by the complainant to the police, the FIR (Ex.P-1) was registered against the accused/appellant for the ofence under Ss. 363 and 366 IPC.

(3.) After completion of investigation, the charge-sheet was fled against the accused/appellant under Ss. 363, 366 and 376 IPC and Sec. 4,6 of the POCSO Act. Learned Court below, framed the charge against the appellant under Ss. 363, 366-A, 376 (2)(?) and 493 IPC and Sec. 6 of the POCSO Act. The accused/appellant however, denied the charges levelled against him and claimed for trial.