KRISHNA SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of Cr.P.C. is directed by the appellant against the impugned judgment of conviction and order of sentence dtd. 27/3/2023, passed by learned Upper Sessions Judge, 2nd Fast Track Special Court, Bilaspur (henceforth referred to as 'trial Court') in Special Criminal Case (POCSO Act) No. 40/2022, whereby the appellant-accused has been convicted for offence under Sec. 363, 366, 376(3) of the Indian Penal Code, (in short, hereinafter referred to as 'the IPC') and Sec. 3/4 of the Protection of Children from Sexual Offences Act, 2012 (in short, hereinafter referred to as 'POCSO Act') and sentenced as under :- <FRM>JUDGEMENT_30_LAWS(CHH)11_2023_1.html</FRM>

(2.) Facts of the case in brief are that on 6/2/2022 at about 6.00 PM, minor victim/prosecutrix along with her friends had gone to purchase vegetables from Mahmand Veg Market, Torva, Bilaspur, but till 9.00 pm, she did not return and despite being searched, she could not be traced, hence on the basis of information given by mother of victim, missing report was lodged and subsequently, on the same day, i.e. 6/2/2022 at about 2.35 hours, FIR under Sec. 363 of the IPC was lodged against unknown persons. During investigation, on 7/2/2022, victim was produced by her mother in PS Torva, thereafter recovery Panchnama Ex. P-1 was prepared. Site map was prepared. Statement under Sec. 161 of the victim was recorded, her statement under Sec. 164 of the Cr.P.C. was also recorded by the Court. Thereafter, offence under Sec. 366, 376 of IPC and Sec. 4 of the POCSO Act were added. Victim was medically examined by Dr. Sheela Saha (P.W.7), who vide medical report Ex. P-12 reported that no internal and external injury mark seen anywhere in her body and she opined that no sign is found regarding sexual assault, hence she opined that no definite opinion can be given about rape. She suggested ossification test to ascertain age of victim. Statement of other witnesses were recorded, vaginal slides of victim prepared by Dr. Sheela Saha was seized. Appellant was arrested and then examined by Dr. B.D. Singh. Underwear of victim and appellant were seized, seized underwear of victim and appellant along with vaginal slides were sent for chemical examination and FSL report was received vide Ex. P-20. After usual investigation, charge sheet was filed before learned Fast Track Special Court.

(3.) Learned trial Court framed charges under Sec. 363, 366, 376(3) of IPC and Sec. 3/4 of the POCSO Act, read over and explained to the accused, who abjured his guilt.