SUKHDEV DHANWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant against impugned judgment dtd. 15/06/2016 passed by learned Additional Sessions Judge (FTC), Raigarh in Special Sessions Case No. 90/2014 whereby he has been convicted for offence punishable under Sec. 376 of IPC read with Sec. 4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter the Act of 2012) and has been sentenced to undergo imprisonment for life with fine of Rs.2000.00 and in default of payment of fine, additional R.I. for 4 months.

(2.) Case of the prosecution, in a nutshell, is that on 31/10/2014 in between 2-3 PM at village Bhuikurri within the ambit of Police Station Punjipathra, the appellant herein committed sexual intercourse with minor victim, aged about 3 years and 8 months and thereby, committed the aforesaid offence.

(3.) Further case of the prosecution is that on 01/11/2014, victim's mother (PW-1) lodged first information report (Ex. P/1) against the appellant that on 31/10/2014, victim was playing at the house of her uncle Harikrishna Manjhi (PW-4) and at about 3 PM, when her mother went therein to take her back to her house, she noticed that victim was not at her uncle's house and when he asked them, they informed her that appellant came to their house and took the victim to his house to play and when victim's aunt Yambai (PW-2) went to the appellant's house and came back with the victim, they found out that she was crying and she had suffered injury. On the said report, after taking consent from victim's parents, she was subjected to medical examination which was conducted by Dr. Usharani (PW-6) and her MLC report (Ex. P/6) was found positive. Slides were prepared and seized vide Ex. P/8 and the FSL report (page 68 of the paper book) was also found positive. After due investigation, the appellant was charge-sheeted for offence punishable under Sec. 376 of IPC read with Sec. 4 of the Act of 2012 which was committed to the Court of Special Judge for trial in accordance with law. The appellant abjured his guilt and entered into defence.