SANJAY KUMAR VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant herein against the impugned judgment dtd. 20/03/2014 passed by learned Additional Sessions Judge (FTC), Raipur in Sessions Trial No. 69/2014 whereby he has been convicted for offences punishable under Sec. 450 of IPC, Sec. 376(2)(i) of IPC (omitted by Amendment Act 22 of 2018 w.e.f. 21/04/2018) and Sec. 6 of Protection of Children from Sexual Offences Act, 2012 (in short, 'POCSO Act') and sentenced to R.I. for 7 years with fine of Rs.2000.00 in default of payment of fine, further R.I. for 3 months; life imprisonment with fine of Rs.5000.00 in default of payment of fine, further R.I. for 6 months; and life imprisonment with fine of Rs.5000.00 in default of payment of fine, further R.I. for 6 months, respectively.

(2.) Case of the prosecution, in brief, is that the appellant herein unauthorizedly trespassed into the house of Hemant Verma and sexually assaulted the physically challenged victim, aged about 5 years and thereby, committed the aforesaid offences.

(3.) Further case of the prosecution is that maternal grandfather of the victim namely Bisauha Ram Verma (P.W.-3) lodged a report at Police Station Kharora, District Raipur that after the death of his daughter Anusuiya, his granddaughter (victim), aged about 5 years, who is also physically challenged, had been staying at his house. On 20/11/2013, the victim had gone to his younger brother's house namely Hemant Verma and at about 4 PM, the appellant herein trespassed into his house and committed sexual intercourse with the victim, which was also noticed by Savita Verma (P.W.-2). On his report, first information report was lodged against the appellant for offences punishable under Ss. 376 and 450 of IPC vide Ex. P/2. Pursuant thereof, the victim was subjected to medical examination which was conducted by Dr. Aabha Daharwal (P.W.-4) and as per the MLC report (Ex. P/10), signs of sexual assault were found and scratches and abrasion were also found in her body. Thereafter, memorandum statement of the appellant was recorded vide Ex. P/6 and his clothes were seized vide Ex. P/7. Clothes of the victim were seized vide Ex. P/3 and the shields prepared and sealed by the Doctor were seized vide Ex. P/16. The said seized articles were sent for FSL and as per FSL report (Ex. P/23), human blood was found on Articles A,B,C,D1,D2 and D3. After due investigation, the appellant was charge-sheeted for offences punishable under Ss. 450 and 376(2)(i) of the IPC which was committed to the Court of Sessions for trial in accordance with law. The appellant abjured his guilt and entered into defence.