BHINSENT TOPPO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this criminal appeal preferred by the Appellant herein under Sec. 374(2) of the CrPC, the Appellant has called in question legality, validity and correctness of the impugned judgment of conviction and order of sentence dtd. 21/1/2015 passed by the Additional Sessions Judge (FTC), Surguja (Ambikapur), in Sessions Trial No.143/2013, whereby the Appellant has been convicted and sentenced as under: - <FRM>JUDGEMENT_43_LAWS(CHH)10_2022_1.html</FRM>

(2.) Case of the prosecution, in brief, is that prior to 3-4 days of 19/2/2013 at 11.30 a.m., at Village Kalyanpur, Mission School, Police Station Darima, the Appellant herein called victim No.1 (PW-2), victim No.2 (PW-4), victim No.3 (PW-5) and victim No.4 (PW-6) to his chamber in the school and wrongly confined them and threatened them to kill them and committed sexual assault / penetrative sexual assault / aggravated penetrative sexual assault upon them and thereby committed the aforesaid offences. It is admitted position on record that victims No.1 to 4 were students of the Mission School at that point of time and the Appellant was Father of the said Mission School being head of the institution. Further case of the prosecution, in brief, is that on 19/2/2013, Manglu Toppo (PW-1) - father of victim No.1 lodged report in Police Station Darima that his daughter victim No.1 (PW-2), aged about 5 years; his grand-daughter victim No.2 (PW-4), aged about 8 years; Vritlal Lakra's daughter victim No.3 (PW-5), aged about 6 years; and his neighbour Janbir Bada's daughter victim No.4 (PW-6), aged about 6 years, were studying in the Mission School, Kalyanpur in Class-II; on 18/2/2013 at 5 O' clock in the evening, his daughter victim No.1 (PW-2) and his grand-daughter victim No.2 (PW-4) informed him that four days prior to the date of lodging FIR, the Appellant herein called them and given them chocolates and sweets and taken them to his room and after undressing them, touched their private parts and threatened them to kill them, and similar fact was stated by victim No.3 (PW-5) and victim No.4 (PW-6) which was verified and thereafter, report was registered to the police station on 19/2/2013 vide Ex.P-1. Spot map was prepared vide Ex.P-6. Victims No.1, 2, 3 and 4 were sent for medical examination and permission was obtained from the Sub-Divisional Magistrate, Ambikapur vide Ex.P-26, and consent of their parents was taken vide Exs.P-5, P-27 and P-28 and for examination of their private parts, they were referred to the District Hospital, Ambikapur. During the course of investigation, currency notes of denominations of Rs.5,.00 Rs.10,.00 one rupee coins and chocolates were seized from the spot vide Ex.P-2. Inner-wears of victim No.1 (PW-2), victim No.2 (PW-4), victim No.3 (PW-5) and victim No.4 (PW-6) were also seized vide respective seizure memos and the same were sent to the District Hospital for examination vide Exs.P-24A, P-25A, P-29 and P-30. The accused was arrested vide Ex.P-22 and on his production, his underwear was seized vide Ex.P-21 and he was medically examined. Similarly, documents regarding age of all the victims were seized vide Exs.P-11, 12C and 13-C. Seized articles were for chemical examination to the Forensic Science Laboratory vide Ex.P-34 and the FSL report is Ex.P-37. The accused abjured the guilt and entered into defence that he has not committed the offence and he has been falsely implicated.

(3.) After due investigation, charge-sheet was filed against the Appellant for offences under Ss. 342, 506 Part-II, 376(2)(f) and 354A of the IPC and also for offences under Ss. 5(f)/5(m) read with Sec. 6 and 9(f)/9(m) read with Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act').