UMESH SIDAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arise out of the judgment of conviction and order of sentence dtd. 23/8/2023 passed by the Additional Sessions Judge/Special Court Under (POCSO Act), Sarangarh, in Special Criminal (POCSO) Case No.20/2019, whereby the appellant has been convicted for the offence under Ss. 363, 366, 376 (2)(n) and 376(3) of IPC and Sec. 4(2), 5(l)/6 of the Protection of Children from Sexual Offences Act, 2012 (in short, the POCSO Act) and sentenced him to undergo RI for 3 years and fine of Rs.1000.00, RI for 5 years and fine of Rs.1000.00with default stipulations. Since RI for 20 years and fine of Rs.5000.00 has been awarded for the offence under Ss. 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.) Brief facts of the case is that, on 17/8/2019 the prosecutrix, PW-5, lodged a written complaint to the police of Police Station Baramklela to the effect that she is resident of Pitambar colony Chandrapur-Baramkela Road, District Raigarh. She tied Rakhi to the appellant on 15/8/2019 on the occasion of Raksha Bandhan. On 16/8/2019 at about 7 p.m. the appellant came to her house where the prosecutrix, her younger sister and brother were present in the house. The appellant said that he could not provide any gift on the occasion of Raksha Bandhan therefore and asked her to accompany with him so that he could give her a suit (wearing cloths). When she refused to go stating that her parents are not there in the house, then the appellant forcefully taken her by his Scooty to Baramkela market, but had not proceeded to Baramkela market and went towards Chandrapur side. Upon request made by the prosecutrix to leave her to her house, the appellant taken her towards Sariya road. When she tried to jump from the Scooty, the vehicle got unbalanced and both of them were fell down near Katangpali village and she received injuries on her right cheek. Thereafter, the appellant has again taken her by his Scooty towards pump house which is situated at an isolation place and committed forceful sexual intercourse with her. He detained her throughout night and committed forceful sexual intercourse thrice. In the next morning i.e. on 17/8/2019 at about 6 a.m. the appellant boarded her to Bus to go to Baramkela and then she returned back to her house; informed the incident to her parents and came to the police station along with her mother.

(3.) The police registered an FIR, Ex.P-2 on 17/8/2019 under Ss. 363, 366, 506(B) and 376 I.P.C. and under Ss. 4 and 6 of the POCSO Act and started investigation. Dastyabi Panchnama, Ex. P/3, was prepared on 17/8/2019 in front of the witnesses. The prosecutrix was sent for medical examination to Community Health Centre, Baramkela where Dr. Neelkumari Patel, PW-4 examined her and gave her report vide Ex. P/9 stating that no sign of forceful sexual intercourse has been found as she is habitual in nature. Two slides of vaginal swab were prepared by the Doctor and after sealing it handed over the same to the police for forensic examination. Spot map Ex.P-12 and P/19 were prepared by the investigating officer. Black coloured Scooty bearing registration No.CG-13-N-6615 was also seized from the possession of the appellant on 20/8/2019 vide Ex.P/20. The appellant was arrested on 20/8/2019. He was also sent for medical examination to Community Health Centre, Baramkela where Dr. Sanjay Patel, PW-3, examined him and gave his report vide Ex. P/24 opining the appellant to be capable for having sexual intercourse.