RAMSHARAN SINGH Vs. STATE OF C.G.

JUDGEMENT

(1.) This criminal appeal is filed under Sec. 374 (2) of the Code of Criminal Procedure, 1973 by the appellant against the impugned judgment of conviction and order of sentence dtd. 2/8/2021 passed in Special Sessions Trial No.08/2019, by the Additional Sessions Judge, Fast Track Court, Surajpur, District Surajpur(C.G.), whereby the appellant has been convicted for the offence punishable under Ss. 363, 366 of the Indian Penal Code, 1860 (for short 'the IPC') and under Sec. 6 of POCSO Act and sentenced to undergo R.I. for 7 years with fine of Rs.500.00, R.I. for 7 years with fine of Rs.500.00 & R.I. for 20 years with fine of Rs.500.00, respectively plus usual default stipulations.

(2.) The brief facts of this case are that a report was made by the complainant, the father of the victim on 11/1/2019 that his daughter is found missing since 2/1/2019 and after the inquiry, she could not be found and apprehension was made that by allurement, the appellant/accused took away the minor girl from the lawful custody of the parents and on the pretext of marriage, he committed sexual intercourse, therefore, the offence under Sec. 363, 366, 376 (2) of I.P.C. and Sec. 6 of Protection of Children from Sexual Offenses Act, 2012 was registered.

(3.) After the investigation, the police filed the charge-sheet and during the course of trial, the appellant/accused has abjured the guilt and claimed to be tried. The prosecution on its behalf had examined as many as 11 witnesses and and the trial Court by holding that the prosecutrix was below the age of 16 years and was subjected to sexual assault by the appellant convicted and sentenced the appellant as aforesaid. Hence this appeal.