SURAJ KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant, under Sec. 374(2) of CrPC, is directed against the judgment of conviction and order of sentence dtd. 23/2/2016 passed by Additional Sessions Judge (F.T.C.), Janjgir, District Janjgir-Champa in Special Sessions Case No.87/2014, by which the appellant herein has been convicted and sentenced in the following manner:- <FRM>JUDGEMENT_31_LAWS(CHH)11_2023_1.html</FRM>

(2.) Case of the prosecution, in brief, is that on 17/12/2013 at about 2-3:00 p.m. at Village Champa under Police Station Champa, District Janjgir-Champa, the appellant kidnapped the minor victim (PW-1) from the lawful custody/guardianship of her parents without their consent for the purpose of sexually assaulting her and also committed penetrative sexual assault on her; thereby committed the aforesaid offences.

(3.) Further case of the prosecution is that on 17/12/2013, when victim (PW-1) was returning from her school along with PW-3 on bicycle and they stopped near Chandra Auto Parts at about 2-3:00 p.m., at that time the appellant came there on his bicycle and forcefully abducted the victim without her consent and took her to a secluded place at Village Kurda and committed penetrative sexual intercourse on her causing bleeding from her private part and thereafter he is said to have absconded from the spot. Being seriously injured, the victim was hospitalized at B.D.M. Hospital, Champa. Thereafter, on her report, the aforesaid offences were registered against the appellant vide FIR (Exhibit P-13). Dehati Nalishi was recorded vide Exhibit P-1. The victim was medically examined by Dr. Anita Shrivastava (PW-8). According to MLC report (Exhibit P-9), injuries have been found in private part of the victim. In FSL report (Exhibit P-22), stains of semen and human sperm were not found in slide (Article 'A1') and underwear (Article 'B') of the victim. However, in slide (Article A1') blood was found and on underwear (Article 'B') of the victim as well as on underwear (Article 'E') of the appellant, human blood of 'B' Group was found. The victim was also subjected to Test Identification Parade vide Exhibit P-2 in which the appellant was identified by her. Thereafter, the appellant was apprehended vide Arrest Memo (Exhibit P-23).