MUKESH KUMAR NAG Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dtd. 20/12/2019 passed by the Additional Sessions Judge (FTC), Kondagaon, district Kondagaon in POCSO Case No. 12/2017 whereby the accused/appellant has been held guilty for commission of the offence punishable under Ss. 363 of IPC and 06 of the Protection of Children from Sexual Offences Act and sentenced to undergo RI for 7 years and RI for 30 years respectively with default stipulations.

(2.) As per case of the prosecution,on 21/4/2017, at about 12.30 p.m., the accused/appellant allured the prosecutrix, who is a minor, aged about 16 years, taken away from the legal guardianship of her parents and has forcefully developed physical relation with her. It is alleged that nephew of the complainant came along with the accused/appellant for participating in the marriage ceremony of his son and took his daughter in his bike. It is further case of prosecution that on search being made, when the prosecutrix was not found, a missing report Ex.P-24 was lodged at Police Station Makdi by father of the prosecutrix against unknown person. Search was made and on 24/4/2017 the police recovered the prosecutrix and recorded her statement and on the basis of which, Crime No. 23./2017 was registered against the appellant for the offence punishable under Ss. 363,376 IPC and Sec. 6 of the POCSO Act, 2012. After the report, prosecutrix was subjected to medical checkup, statement under Sec. 164 Cr.P.C. was recorded, spot map was prepared and thereafter charge sheet was filed under Ss. 363, and 376 of the Indian Penal Code. At the time of framing of charge, prima facie as per the documents placed on record the victim was minor, subsequently charges were framed under Ss. 363.376 IPC and 6 of the POCSO Act, 2012. After completion of investigation, charge sheet was filed against the accused/appellant. Learned trial court on the basis of material contained in the charge sheet, framed charges against the appellant. The appellant abjured the guilt and were therefore put to trial.

(3.) In order to prove its case, the prosecution has examined as many as 15 witnesses. Statement of the accused/appellant was also recorded under Sec. 313 Cr.P.C. wherein the appellant has denied and stated he has been falsely implicated in the present case.