LAWS(CHH)-2023-9-57

ROSTAM Vs. STATE OF CHHATTISGARH

Decided On September 19, 2023
Rostam Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Since both these appeals have been preferred against the judgment of conviction and order of sentence dtd. 13/12/2019 passed by the Special Judge (POCSO Act, 2012), Pratappur, District Surajpur (C.G.) in Special Criminal Case No.02/2019, therefore, they are being disposed of by this common order.

(2.) In CRA/52/2020 (Rostam @ Bablu vs. State of Chhattisgarh), the appellant has been convicted and sentenced as under:- <FRM>JUDGEMENT_57_LAWS(CHH)9_2023_1.html</FRM> and, in CRA/127/2020 (Mesraj @ Misraj Ansari and others vs. State of Chhattisgarh), the appellants have been convicted and sentenced as under:- <FRM>JUDGEMENT_57_LAWS(CHH)9_2023_2.html</FRM>

(3.) Briefly stated the facts of the case are that on 11/3/2019 at 12:50 hours, a report was lodged by the prosecutrix's father, namely, Rehamtulla to the effect that his daughter, who is minor aged about 16 years, has gone somewhere else on 5/3/2019 at about 8:00 PM without intimating to anyone and did not return and, it was alleged that he has apprehension that the appellant-Rostam has abducted his daughter while alluring her. Based upon the said information, an FIR was registered by the Police Station Pratappur, District-Surajpur against him for the offence punishable under Sec. 363 of IPC. During investigation, it was informed by the father of the prosecutrix on 10/5/2019 that his daughter has returned home on 8/5/2019 and intimating him that the appellant-Rostam has taken her to Jabalpur while alluring her and accordingly, Recovery Panchnama (Ex.P.-8) was prepared on 10/5/2019 in presence of the witnesses. After her recovery as such, she was sent for medical examination and her medical report (Ex.P.-7) was submitted by Dr. Suchita Nirmala Kindo (PW-3) while opining that she is habitual to have sexual intercourse. The statement of the prosecutrix was recorded under Sec. 164 of Cr.P.C. by the Judicial Magistrate First Class, Surajpur on 27/5/2019 vide Ex.P.-12. In order to ascertain her age, the Investigation Officer has seized the Dakhil Kharij Register (Ex.P.-3C) from the Headmaster of the concerned school. The appellants were arrested and the spot map was prepared by concerned Patwari vide Ex.P.-4 and after completion of the investigation, the charge sheet was submitted against the appellants on 10/7/2019 for the offence punishable under Ss. 363, 366A, 376(2)(n), 506, 368 read with Sec. 34 of IPC and Sec. 4 and 6 of the POCSO Act, 2012, while showing some of the accused persons, namely, Smt. Shafeena, Alijan, Smt. Kulsum as absconding.