LAKHAN BANDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant herein under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dtd. 30/10/2017 passed by the learned Second Special Judge (POCSO), Raigarh, in POCSO Act 2012/18/2016, by which the learned Special Judge has convicted and sentenced the appellant in the following manner: Conviction Sentence Sec. 363 of the IPC RI for three years and fine of Rs.1000.00, in default, additional RI for six months. <IMG>JUDGEMENT_132_LAWS(CHH)9_2022_1.jpg</IMG>

(2.) Case of the prosecution, in brief, is that 67 months before 21/1/2016 the appellant took victim No.1 / (PW5) (daughter of Surender Gagrai) from Kirodimal Nagar, Raigarh to Delhi by practicing fraud, deception and inducement and she was sold to coaccused Champai Munda and thereafter coaccused Champai Munda took victim No.1 / (PW5) to the house of Monika Chawla where victim No.1 / (PW5) was engaged as maid servant and she was compelled to perform household works, cleaning etc. and thereby victim No.1 / (PW5) was exploited within the scope of Sec. 370(1) of the IPC. Further case of the prosecution is that the appellant also kidnapped the victim No.2 / (PW17) (daughter of Bhola Mudliya), aged about 10 years to Delhi where she was sold to coaccused Champai Munda and thereafter coaccused Champai Munda took the victim No.2 / (PW17) to the house of Shanti Golcha where victim No.2 / (PW17) was forcefully engaged as maid servant and she was compelled to perform household works, cleaning etc. and she was harassed and exploited. Thereafter, FIR was lodged on 21/1/2016 (Ex.P8) by Kalyani (PW4) (mother of victim No.2 PW17) and consequently on 27/1/2016 victim No.1 / (PW5) was recovered by baramadgi panchnama (Ex.P12). Similarly, victim No.2 / (PW17) was recovered on 27/1/2016 by baramadagi panchnama vide Ex.P10. Their MLC was conducted vide Exs.P15 and P16 respectively. After due investigation, the appellant only was chargesheeted for offences under Ss. 363/34, 370/34, 374 and 107 of the IPC and Sec. 12 read with Sec. 17 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter called as 'POCSO' Act) (other four persons are absconded). The accused / appellant abjured the guilt and entered into defence.

(3.) In order to bring home the offence, the prosecution examined as many as 20 witnesses and exhibited 31 documents Exs.P1 to P31. However, the appellant / accused examined none in his defence and no document has been produced in his support.