DILIP SORI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arise out of the judgment of conviction and sentence dtd. 19/1/2023 passed by the Additional Sessions Judge (FTSC) Gariyaband in POCSO Case No.87/2020, whereby the appellant has been convicted for the offences under Ss. 363, 366, 376(2)(n) IPC and Sec. 6 of the Prevention of Children from Sexual Offeces Act, 2012 (in short, the POCSO Act) and sentenced to undergo RI for 3 years with fine of Rs.300.00, RI for 5 years with fine of Rs.500.00 and RI for 20 years with fine of Rs.2000.00 with default stipulation. Since maximum sentence was awarded under Sec. 6 of the POCSO Act, no separate sentence was awarded under Sec. 376(2)(n) IPC.

(2.) Brief facts of the case is that, on 17/10/2019 the father of the prosecutrix lodged a written complaint to the Police Station Deobhog District Gariyaband to the effect that his daughter, aged about 16 years had gone to village Gohrapadar along with her sister and aunt on 9/10/2019 and missing somewhere. When he searched her from his relatives house, then he came to know that the appellant has abducted and kept his daughter in his house. On 16/10/2019 he went to the house of the appellant and taken his daughter back and thereafter his daughter informed him that when she went to see the dance programme, the appellant enticed and taken her to his house and made forceful physical relation with her.

(3.) Based on the written complaint, Ex. P/8, submitted by the father of the prosecutrix, an FIR, Ex.P/9, was registered on 17/10/2019 for the offence under Ss. 363, 366, 376(2(n) IPC and Ss. 4 and 6 of the POCSO Act. The prosecutrix was sent for medical examination to the District Hospital, Gariyaband where Dr. B. Bara, PW-14, examined her and gave her report vide Ex.P-27 and opined that no sign and symptoms were found regarding recent sexual intercourse. No external or internal injuries were seen. However, two slides of vaginal swab were prepared.