DILHARAN YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C. ) is preferred against the judgment of conviction and order of sentence dtd. 13/12/2019 passed by the Special Judge (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Korba, Chhattisgarh in Special Criminal Case No.39 of 2017, wherein the appellant has been convicted under Ss. 363, 366 of the Indian Penal Code, 1860 (for short 'IPC ) and under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act ) and sentenced as under :- <FRM>JUDGEMENT_52_LAWS(CHH)7_2023_1.html</FRM>

(2.) The case of the prosecution was that, a complaint was made by Shaniro Bai (PW-8), mother of the victim that the accused/ appellant took her daughter to forest and committed sexual intercourse with her daughter. On the primary investigation, prosecutrix was found to be a minor. After investigation, it was found that appellant has committed sexual intercourse with the victim, therefore, the offence was registered under Ss. 363, 366 of IPC and Sec. 4 of the POCSO Act and the charge-sheet was filed.

(3.) During the course of trial, the appellant abjured his guilt and claimed to be tried. The prosecution on its behalf examined as many as 18 witnesses and exhibited 24 documents. After evaluating the evidence and statements, the appellant was convicted for the offences as mentioned aforesaid. Being aggrieved by such order, the accused/appellant filed this appeal.