KUMBHKARAN GENDRE 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. 29/9/2021 passed in Special Criminal (POCSO) Case No. 66/2020 by which the learned Additional Sessions Judge/Second Fast Track Special Court, Raipur, District Raipur, has convicted and sentenced the appellant as under: <FRM>JUDGEMENT_25_LAWS(CHH)11_2023_1.html</FRM>

(2.) Case of the prosecution, in short, is that on the date of incident i.e. on 11/3/2020, at about 10:00 p.m., the appellant committed forceful sexual intercourse with the victim while she was sleeping in her home alongwith her brother and sister and when the victim tried to scream, the appellant gagged her mouth with a handkerchief and restrained her from raising an alarm.

(3.) The victim made a written complaint to the Station House Officer, Police Station Gobranawapara, District Raipur on 16/3/2020 (Exhibit P/7) to the effect that she is the resident of village Umarpoti, Gobranawapara, District Raipur and her parents reside at Raipur and do the work of labour. On 11/3/2020, while she was sleeping with her brother and sister, at about 10:00 p.m., her neighbour i.e. the appellant entered her room and forcefully committed sexual intercourse with her. When she tried to scream, he gagged her mouth with a handkerchief and said that if she become pregnant, he would give her medicine. On the basis of said complaint, FIR (Exhibit P/8) was registered on 16/3/2020 at 13:50 hours for the offences under Ss. 376 IPC and Sec. 4 and 6 of the POCSO Act, 2012. In the written complaint and the FIR, her age is stated to be 16 years.