KISHAN LAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant-accused herein under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 3/3/2022, passed by the learned Additional Sessions Judge (FTSC), Rajnandgaon (Chhattisgarh) in Special Sessions (POCSO) Case No.08 of 2020 (State of Chhattisgarh vs. Kishan Lal @ Champa Yadav), whereby he has been convicted for offence under Sec. 376(3) of Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for 20 years with fine of Rs.2,000.00 and, in default of payment of fine, additional rigorous imprisonment for one year.

(2.) The case of the prosecution, in short, is that between 3/8/2018, at or about 04:00 AM in the morning, to 8/8/2018, at or about 01:00 AM in the night, in the house of the complainant, namely, Roman Lal Verma (PW-01), within the ambit of Police Station Ghumka, the accused-appellant herein abducted minor victim from lawful custody of her father on the pretext of doing marriage and, further on and before 9/8/2018, at Nagpur, committed sexual intercourse with the victim, aged about 15 years 01 month and 14 days, continuously, due to which she became pregnant and delivered a girl child (baby) and, thereby, committed offences under Ss. 366, 376(2)(g) and 376(3) of IPC and also under Sec. 06 of the Protection of Children from Sexual Offences Act, 2012 (for short the "POCSO Act, 2012").

(3.) The further case of the prosecution is that on 8/8/2018, father of the victim, namely, Roman Lal Verma (PW-01) appeared before the police of Police Station Ghumka and submitted a written complaint (Ex.P/01) alleging that on 3/8/2018 the appellant abducted her minor daughter (victim) and, thereafter, on 4/8/2018, Roman Lal Verma (PW-01) alongwith co-villagers, namely, Janak and Narottam brought the victim (PW-02) alongwith the appellant back. Again, on 8/8/2018, at about 01:00 AM in the night, while Roman Lal Verma (PW-01) alongwith other family members were sleeping, his daughter (victim) went missing and upon inquiry he came to know that appellant is also missing from the said date and time. Pursuant to lodging of said report, FIR (Ex.P/02) under Ss. 363 and 366 of IPC was registered against the appellant by the police. During the course of investigation, birth certificate of the victim (PW-02) was seized vide Ex.P/07. On 17/1/2020 at about 09:50 AM, the victim (PW-02) was recovered from the possession of the appellant vide recovery panchanam (Ex.P/14) and, on the same day, victim (PW-02) was sent for medical examination to the District Hospital, Rajnandgaon vide Ex.P/16, which was conducted by Dr. Sweta Kaumarya (PW-05). As per medical report of the victim (Ex.P/12), victim knew accused-appellant and having relationship with him from past 03-04 years. She on her own will and volition had gone to Nagpur with the appellant from 08/8/2018 till 15/1/2020 and, between said period, the appellant and the victim developed consensual sexual relationship with each other, due to which she became pregnant and having a baby girl of about 12 days.