BIRENDRA YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arise out of the judgment of conviction and sentence dtd. 16/8/2023 passed by the Special Additional Sessions Judge, Khairagarh in Special Sessions Case No.07/2021, whereby the appellant has been convicted for the offences under Ss. 363, 366, 376 (2)(j)(n) and 376(3) of IPC and Sec. 5(l)/6 of the POCSO Act and sentenced to undergo RI for 7 years and fine of Rs.500.00 and RI for 10 years and fine of Rs.500.00 with default stipulations. Since RI for life imprisonment and fine of Rs.1000.00 has been awarded for the offence under Sec. 5(l)/6 of the POCSO Act, no separate sentence has been awarded for the offence under Ss. 376(2)(j)(n) and 376(3) of IPC.

(2.) Brief facts of the case is that on 29/4/2019 at about 18.30 hours the father of the prosecutrix Mahesh Kumar Sahu, PW-1, has lodged a missing report to the Police of Police Station, Chhuikhadan, District Rajnandgaon that her younger daughter, the prosecutrix (PW-2) is missing from 27/4/2019 at about 7-30 in the morning and she has not returned till evening. Upon his search in his relatives house, her whereabouts could not be traced out. Her daughter is aged about 15 years and her date of birth is 9/4/2004. It is also reported that some unknown person has allured and abducted her daughter. The physic and wearing clothes have been described and when he could not trace her whereabouts, he came to the Police Station to lodge a report.

(3.) The police registered an FIR, Ex.P-1, against the unknown person for the offence under Sec. 363 of I.P.C. and started investigation. Spot map Ex.P-2 was prepared by the investigating officer. During the course of investigation, the prosecutrix was recovered from the house of the appellant on 12/12/2020. Panchnama was prepared vide Ex.P-12 in presence of the witnesses. The prosecutrix was sent for medical examination to the Community Health Centre Chhuikhadan on the same day i.e. 12/12/2020 where Dr. Nikita Giripunje, PW-6, examined her and submitted her report vide Ex.P-10. The appellant was also sent for medical examination to Community Heath Centre, Chhuikhadan from where he was referred to Community Health Centre, Gandai, District Rajnandgaon, where he was also examined and report Ex.P-13 was obtained by the Police. The accused was arrested on 12/12/2020.