SATAURAM MANDAVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374(2) of Cr.P.C. questioning the impugned judgment dtd. 30/11/2021 passed in POCSO Case No. 25/2019 by which the learned Additional Sessions Judge (F.T.C.), Kondagaon, District Kondagaon has convicted the appellant under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO Act, 2012) and sentenced him to undergo life imprisonment with fine of Rs.10,000.00 and in default of payment of fine, to undergo further rigorous imprisonment for one year.

(2.) Case of the prosecution, in short, is that on 26/6/2019, the appellant lured the prosecutrix who is a minor girl aged about 5 years and took her to his house and committed rape upon her.

(3.) The first information report (for short, the FIR), (Exhibit P/5) was lodged by the father of the prosecutrix namely Mansai Markam (PW-3) at Police Station, Vishrampuri, District Kondagaon, on 26/6/2019 at 11:00 hours. The said FIR was registered by Sunita Uikey (PW-9) Assistant Sub Inspector, under Sec. 376 of the Indian Penal Code (for short, the IPC) and Sec. 4 of the POCSO Act.