PRADEEP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant, under Sec. 374(2) of CrPC, is directed against the judgment of conviction and order of sentence dtd. 17/12/2015 passed by the Special Sessions Judge, Scheduled Castes/Tribes (Prevention of Atrocities), Balod in Special Sessions Case No.0000093/2014, by which the appellant herein has been convicted and sentenced in the following manner:- <FRM>JUDGEMENT_42_LAWS(CHH)12_2023_1.html</FRM>

(2.) Case of the prosecution, in short, is that the appellant knowing fully well the fact that the victim (PW-1) is a minor girl and she belongs to Scheduled Tribe community, is said to have forcibly committed repeated sexual intercourse and aggravated penetrative sexual assault on her during the period from 16/8/2013 to the month of September, 2013. After the victim became pregnant from the said act of the appellant, she informed about the incident to her parents on 30/9/2014 and thereafter, FIR (Exhibit P-1) was lodged against the appellant on 6/10/2014. Spot Map was prepared vide Exhibit P-4. The victim was medically examined vide Exhibit P-8 by Dr. Shashi Claudius (PW-4) and was found to be pregnant of 24-26 weeks. Her vaginal slides were seized vide Exhibit P-11 and sent for chemical examination to the F.S.L., Raipur. However, in the F.S.L. report (Exhibit P-16), no human sperms were found on the seized vaginal slide (Ex.-A). Appellant was also medically/physically examined vide Exhibit P-9 by Dr. S.K. Meshram (PW-5). Mark-sheet of Class-IVth of the victim was seized vide Exhibit P-5C showing her date of birth to be 13/2/1997. Her Social Status Certificate issued by the Competent Authority was also seized vide Exhibit P-6C which was reflecting her caste as 'Halba Tribe'. Similarly, vide Exhibit P-7C, her Birth Certificate was seized in which her date of birth was registered as 15/9/1997. Statements of the witnesses were recorded under Sec. 161 of CrPC and the statements of the victim and her father, vide Exhibit P-15, was also recorded under Sec. 164 of CrPC. The appellant was arrested vide Exhibit P-10.

(3.) After completion of the investigation, the appellant was charge-sheeted for the offences punishable under Ss. 376(2)(i)(n) and 506 (Part-II) of the Indian Penal Code (for short, 'IPC'), under Sec. 5/6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and under Ss. 3(2)(v) and 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'SC/ST Act') before the concerned jurisdictional Criminal Court and after committal, the matter was received by the Court of Special Sessions Judge, Scheduled Castes/Tribes (Prevention of Atrocities), Balod for trial and its disposal in accordance with law, in which the appellant abjured his guilt, took a plea of false implication and entreated for trial.