REWANT LAL DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed by the appellant-accused under Sec. 374(2) of the Code of Criminal Procedure, is directed against the impugned judgment of conviction and order of sentence dtd. 11/11/2022 passed by learned Upper Sessions Judge, (Fast Track Special Court), (POCSO ACT), Bemetara Distt. Bemetara (CG) in Session Trial No.74/2021, whereby the appellant-accused has been convicted and sentenced in the following manner: <FRM>JUDGEMENT_44_LAWS(CHH)9_2023_1.html</FRM>

(2.) Case of the prosecution, in brief, is that on 14/11/2021 at about 8.00 pm, minor prosecutrix, aged about 07 years, was playing with other children outside her house. After some time, she went to play with other kids in the car of neighbouring house. Present appellant came and sat inside the car and made the prosecutrix to sit along with him at the back seat of the car. Allegation against the appellant is that he after making the victim to lie down on the backside of the seat, licked on her cheek and kissed on her lips with tongue, pressed her chest and also tried to remove her underwear. The appellant after removing his underwear tried to touch the body of the victim girl with his private parts and he was also not allowing the victim girl to get down from the car. However, the victim girl managed to open the door of the car and run away to her mother and narrated the incident to her mother. Mother of the victim girl (PW-1) lodged a written complaint (Ex-P/1) in this regard against the appellant in Police Station Bemetara on the same day. The Police registered FIR (Ex-P/2) against the appellant for the offence under Sec. 376AB of IPC and Sec. 6 of Protection of Children from Sexual Offeneces Act, 2012 (for short 'POCSO Act'). The police after obtaining consent (Ex-P/7 and P/8) from the parents of the victim girl, sent the victim to District Hospital, Bemetara for medical examination. Spot map was prepared vide Ex-P/4. Statement of the victim girl as well as other witnesses were also recorded. The police arrested the accused/ appellant and the Alto car bearing registration No.CG 25 E 2600, allegedly used for commission of offence was seized vide. Ex- P/5. After completion of investigation, charge sheet was filed against the appellant in the court of Upper Sessions Judge/FTC (POCSO Act), Distt. Bemetara for trial and for hearing and disposal in accordance with law.

(3.) The appellant/accused abjured his guilt and entered into defence that he has not committed any offence. He further stated in his statement recorded under Sec. 313 CrPC that he has falsely been implicated in the alleged crime.