MANSAI GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arise out of the judgment of conviction and sentence dtd. 26/5/2023 passed by the Additional Sessions Judge (FTSC) (POCSO Act), Ambikapur, District Surguja in Special Criminal (POCSO) Case No.75/2020, whereby the appellant has been convicted for the offences under Ss. 363, 366, 376 (2)(n) and 376(3) of IPC and Sec. 3(A)/4(2), 5(l)/6 of the POCSO Act and sentenced him undergo RI for 3 years and fine of Rs.500.00, RI for 5 years and fine of Rs.500.00with default stipulations. Since RI for 20 years and fine of Rs.2000.00 has been awarded for the offence under Ss. 3(A)/4(2) and 5(l)/6 of the POCSO Act, no separate sentence has been awarded for the offence under Ss. 376(2)(n) and 376(3) of IPC.

(2.) Case of the prosecution is that, on 17/9/2018 at about 16:40 hours the father of the prosecutrix, PW-1, has lodged a missing report to the Police of Police Station, Lundra, District Surguja that he is residing at Patradih having four children and they are studying in School. That, on 6/9/2018 he went to village Jamgaon along with his wife and younger children to attend the 10th day function after death (Dasgatra) and when they returned back on 7/9/2018 in the evening, his elder daughter informed him that her sister (the prosecutrix) has gone to Lundra Bank to withdrawn money on 6/9/2018 at about 13:00 hours and she has not returned back till that time. Upon his search in his relatives house, her whereabouts could not be traced out. The date of birth of his daughter is 26/12/2002 and she is minor. Some unknown person have enticed and abducted her.

(3.) Upon report of PW-1, the father of the prosecutrix, the police registered an FIR, Ex.P-1, against the unknown person for the offence under Sec. 363 of I.P.C. and started investigation. Spot map Ex.P-2 was prepared by the investigating officer. During the course of investigation, the prosecutrix was recovered from the house of the appellant on 5/10/2020. Panchnama was prepared vide Ex.P-3 in presence of the witnesses. The prosecutrix was sent for medical examination to the Medical College Hospital, Ambikapur on 5/10/2020 where Dr. Snehlata Kujur, PW-5, examined her and gave her report vide Ex.P-11 in which she opined that no definite opinion can be given regarding recent evidence. On 4/11/2020 the school admission and discharge register has been seized by the police from the Govt. Primary School Patradih vide Ex. P/13 in which the date of birth of the prosecutrix is recorded as 26/12/2002. The school admission and discharge register is Ex.P/14. The appellant was arrested on 6/10/2020 and was also sent for medical examination to Primary Heath Centre, Lundra District Surguja where he was examined by Dr. Mohd. Imran, PW-9, who gave his report vide Ex.P-16 and opined that there is no such evidence that he is unable to do intercourse.