GAGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Appeal is directed against the judgment of conviction and order of sentence dtd. 30/9/2021 passed by the learned Additional Sessions Judge, 2nd Fast Track Special Court, Bilaspur in Special Criminal Case (POCSO Act) No.114/2018 whereby the learned Additional Sessions Judge has convicted and sentenced the appellant as under:- <FRM>JUDGEMENT_38_LAWS(CHH)9_2023_1.html</FRM>

(2.) Prosecution case, in brief, is that father of the prosecutrix has lodged a report with the PS Masturi on 20/7/2018 alleging that his minor daughter aged about 16 years 8 months is studying in Class-10 at Government Girls High School, Masturi. On 19/7/2018, at 9 am, the prosecutrix left for the school and did not return. Thereafter a search was made, however, her whereabouts could not be traced. Some unknown person has allured and induced his daughter and abducted her. During investigation, the prosecutrix was recovered. Statements of the witnesses were recorded and seizure was also effected, on the basis of which the appellant was arrested.

(3.) After completion of investigation, charge sheet was filed against the appellant for offence under Ss. 363, 366, 376 of the IPC and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012. The charges were read over and explained to the appellant, however, the appellant denied the same and claimed to be tried. The learned trial Court after hearing learned counsel for the parties and on the basis of material available on record, convicted and sentenced the appellant as mentioned in para-1 of this judgment. It is pertinent to mention here that the appellant was also convicted under Sec. 376 of the IPC, however, as on the date of the incident i.e. 19/7/2018, the prosecutrix was minor, the appellant was sentenced under Sec. 4 of the POCSO Act since under the said Sec. maximum sentence of life imprisonment is prescribed.