SURAJ YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dtd. 11/7/2023 passed by the Additional Sessions Judge, Second Fast Track Special Court, Bilaspur in Special Criminal Case (POCSO Act) No.18/2022, whereby the appellants have been convicted and sentenced in the following manner : <FRM>JUDGEMENT_65_LAWS(CHH)4_2024_1.html</FRM>

(2.) The prosecution story, in brief, is that 20/1/2022 at about 11.45 P.M. the father of the prosecutrix lodged the report at Police Station Torwa, alleging therein that on 20/1/2022 at about 7.30 P.M., the prosecutrix was returning from Sai Temple at her house, at that time near Lalkhadan under-bridge, the accused persons took her in field side and committed rape with her by accused Suraj and Mahesh Pasi. During that time, two boys were standing next to her, whom accused Suresh and Mahesh addressed as 'Suraj' and 'Deepak' and asked them to see that no one came to the spot. After that, all four accused left her and went away. On the basis of complaint of the victim's father, FIR (Ex.P-17) was registered against the accused / appellants in Police Station Torwa in Crime No.19/2022 under Ss. 363, 366A, 376DA of the IPC and Sec. 5(g)/6 of the POCSO Act. Statement of the prosecutrix was recorded under Sec. 164 CrPC before the JMFC, Bilaspur vide Ex.P-1. Spot map was prepared by the patwari vide Ex.P-2. Investigating officer also prepared the spot map vide Ex.P-3. Vaginal slides of the prosecutrix was prepared vide Ex.P-5. The appellants/accused were arrested vide arrest memos vide Exs.P-6 to P-9. Accused Suraj Suryawanshi was examined vide Ex.P-10A where the doctor has opined that he was able to perform the act of sexual intercourse. Accused Mahesi Pasi was examined vide Ex.P-11A where the doctor has opined that he was able to perform the act of sexual intercourse. Accused Deepak Kewat was examined vide Ex.P12A where the doctor has opined that he was able to perform the act of sexual intercourse. Accused Suraj Yadav was examined vide Ex.P-13A where the doctor has opined that he was able to perform the act of sexual intercourse. The prosecutrix was sent for MLC to District Hospital, Bilaspur where Dr.Mamta Saluja (PW-10) examined her vide Ex.P-25 and found following injuries:-

(3.) After completion of investigation, the charge-sheet was filed before the Additional Sessions Judge Second Fast Track Special Court, Bilaspur for trial in accordance with law.