STATE OF CHHATISGARH Vs. SATYANARAYAN PAIKRA

JUDGEMENT

(1.) Heard on admission.

(2.) This petition has been filed under Sec. 378 (3) of the Code of Criminal Procedure seeking leave to appeal against the judgment impugned dtd. 24/04/2019 passed by Additional Sessions Judge (FTC) Surguja (Ambikapur) / Special Judge (POCSO Act) in Special Criminal Case (POCSO) No. 07/2017 acquitting the respondent/accused Satyanarayan Paikra of the charge under Sec. 363, 366, 120-B, 354 IPC and 7 read with 8 of the POCSO Act and further acquitting respondent/accused Smt. Arti of the charge under Sec. 366-A, 120-B IPC and 16 read with 17 of the POCSO Act.

(3.) Facts of the case in brief are that on 29/4/2016 at about 7 PM the minor prosecutrix (PW-5) was taken away by the respondent/accused Satyanarayan from her village Bhapoli in connivance with the other accused Arti with an intention to compel her to marry him and submit to him for sexual intercourse. On criminal law being set in motion by way of FIR registered at the instance of the father of the prosecutrix, respondents/accused were prosecuted for the said offences and after completion of investigation, challan was also filed against them under the same Sec. followed by framing of charge accordingly.