PRADEEP PATRE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arise out of judgment of conviction and sentence dtd. 1/3/2023 passed by the Additional Sessions Judge/First FTSC (POCSO) Bilaspur, in Special Sessions Trial No.28/2022, whereby the appellant has been convicted for the offence under Ss. 363, 366-A, 376(3) IPC and Ss. 5(l)/6 of the Prevention of Children From Sexual Offences Act, 2012 (in short, the POCSO Act) and sentenced to undergo RI for 5 years and fine of Rs.250.00, RI for 5 years and fine of Rs.250.00 and RI for 20 years and fine of Rs.500.00 with default stipulation. Since maximum sentence was awarded under Sec. 5(l)/6 of the POCSO Act, no separate sentence has been awarded under Sec. 376(3) IPC.

(2.) Brief facts of the case is that, on 23/1/2022 a missing report, Ex.P/10, was lodged by the father of the prosecutrix stating that on 21/1/2022 when he returned back to his house after earning livelihood, his wife informed him that their daughter is not present in the house. His daughter is aged about 15 years and she is missing from 21/1/2022 at about 11:30 a.m. and some one has enticed and taken her away. The police has registered an offence under Sec. 363 IPC against the unknown person. During investigation, the prosecutrix was recovered on 25/1/2022. She was sent for medical examination to District Hospital, Bilaspur vide Ex. P/20-A where Dr. Rama Ghosh, PW-12, has examined her and gave her report vide Ex.P/20 in which the prosecutrix was found to be habitual for sexual contact. However, no injuries either external or internal was noticed by the Doctor. Two slides of vaginal swab was also prepared. School admission and discharge register was seized from Sindhu Vidya Mandir, Jarhabhata, Bilaspur vide Ex.P/23 in which the date of birth of the prosecutrix is mentioned as 15/1/2007. The Progress Report of Class-Vth of the prosecutrix was also seized by the police. The slides prepared from the vaginal swabs of the prosecutrix were sent for FSL and after its examination the FSL report, Ex.P/23 is submitted, according to which, the semen and spermatozoa were found in the slide and clothes of the prosecutrix as well as the appellant. The appellant was arrested on 26/1/2022. He was also sent for medical examination to District Hospital, Bilaspur, where Dr. B.D. Singh, PW-10, has examined him and gave his report, Ex. P/27 and opined that the appellant is capable to perform sexual intercourse.

(3.) The statement of the prosecutrix as well as other witnesses were recorded under Sec. 161 of CrPC. The statement under Sec. 164 CrPC of the prosecutrix was also recorded. After completion of the investigation, the charge sheet was filed before the Additional Sessions Judge/First Fast Track Special Court (POCSO Act), Bilaspur, for the offences under Ss. 363, 366, 376 IPC and Ss. 4 and 6 of the POCSO Act. The trial Court has framed charges under Ss. 363, 366-A, 376(3) IPC and Ss. 5(l)/6 of the POCSO Act. The appellant abjured his guilt, plead innocence and claimed trial.