PREM PRAKASH SONWANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of Cr.P.C. is directed by the appellant against the impugned judgment of conviction and order of sentence dtd. 25/7/2022, passed by learned Upper District and Sessions Judge, Fast Track Special Court (POCSO Act), Bhatapara, Distt. Balodabajar-Bhatapara (henceforth referred to as 'trial Court') in Special Criminal Case No. H-35/2021, whereby the appellant-accused has been convicted for offence under Sec. 363, 366, 376(2)(n), of the Indian Penal Code, (in short, hereinafter referred to as 'the IPC') and Sec. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (in short, hereinafter referred to as 'POCSO Act') and sentenced as under :-

(2.) Facts of the case in brief are that the maternal grandfather of the victim/prosecutrix lodged a report at PS Bhatapara Rural, Distt. Balodabajar-Bhatapara that on 20/9/2020 his granddaughter, aged 15 years 06 months, along with other family members had slept in their room. In the morning of 21/9/2020, when he went to the room, he saw that the victim was not in the room. She had gone somewhere without informing. On the above report of the complainant, missing report No. 57/2020 was registered. Subsequently, FIR bearing Crime No. 412/2020 under Sec. 363 IPC was registered against unknown person. During investigation, the victim was recovered from the possession of accused on 10/4/2021 and the statement of the victim was recorded. Site map was prepared. Progress report of Class 5th, Dakhil Kharij register and Halafnama register were seized in which date of birth of victim is mentioned as 21/3/2005. Underwear of victim and accused were seized. The victim and accused were sent for medical examination. Vaginal swab, vaginal slides and underwear of the victim and underwear of accused were sent for chemical examination to the FSL, Raipur from where report has been received that semen stains and human spermatozoa have not been found in any article. Statement of the victim was recorded under Sec. 164 of the Cr.P.C.

(3.) In the statement recorded under Sec. 164 of the Cr.P.C., the victim stated that the accused took her to Delhi, he committed sexual intercourse with her against her wish, and he also promised to marry her. On the basis of above statement, offence under Sec. 366, 376 of the Indian Penal Code, 4, 6 of the POCSO Act was added. After usual investigation, charge sheet under Sec. 363, 366, 376 of the IPC and Sec. 04 and 06 of the POCSO Act was filed against the accuse in the Special Court.