VIDUR BISI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) Cr.P.C., the appellant has challenged the legality, validity and propriety of the judgment of conviction and order of sentence dtd. 13/6/2016 passed by the Special Judge (Protection of Children from Sexual Offences Act), 2012 Saraipali, District Mahasamund, C.G. in Special Sessions Case No. 03/2016, whereby and whereunder the appellant stands convicted and sentenced as under:- <FRM>JUDGEMENT_88_LAWS(CHH)5_2022_1.html</FRM>

(2.) Case of the prosecution, in brief, is that on 3/12/2015, prosecutrix, aged about 14 years, student of class 8th, lodged a written report Ex. P-1 against the appellant alleging in it that appellant repeatedly committed forcible sexual intercourse with her and continuously exploited her. When she got pregnant of 6-7 months, appellant left her and went from Chhattisgarh to Tamilnadu State. Thereafter, she disclosed about the incident to her mother (PW-2) and other relatives. On the basis of written report Ex. P-1, FIR Ex. P-2 was lodged against the appellant on 3/12/2015. After obtaining consent of the prosecutrix and her parents vide Exs. P-4 and P-8 respectively, prosecutrix was sent for medical examination where she was examined by PW-5 Dr. Parmila Toppo and she gave her MLC report dtd. 3/12/2015 vide Ex. P-7 wherein she noticed no external injury on the body of the prosecutrix, she does not have menstrual cycle, her pubic hairs were slightly developed, she found her pregnant of 30-32 weeks, prepared two vaginal smear slides, sealed and handed it over to the police for chemical analysis at FSL.

(3.) Accused/appellant was also sent for medical examination where he was examined by PW-10 G.P. Patel vide Ex. P-13 and was found capable of performing sexual intercourse.