BHUVAN VERMA Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the legality and validity of the judgment of conviction and order of sentence dtd. 28/2/2020 passed by the Fast Track Special Court (POCSO Act, 2012), Bemetara in Special Case No.01/2019 whereby the appellant stands convicted and sentenced as under: <IMG>JUDGEMENT_7_LAWS(CHH)11_2024_1.jpg</IMG>

(2.) Case of the prosecution, in brief, is that on 19/9/2018 the prosecutrix, a minor girl, lodged an oral report at Police Station - Saja that from 19/9/2017 to 19/9/2018 the accused/appellant, who is resident of her village, on the pretext of marriage physically exploited her on number of occasions and when she conceived, he asked her to abort it and also threatened to kill her if she disclosed the incident to anyone. However, when the prosecutrix was carrying pregnancy of six months and she narrated the whole incident to her father, then he talked to the appellant and he (appellant) committed his murder, for which a separate offence under Crime No.260/2018 was registered against him in Police Station - Saja. Based on the said report, offence under Ss. 376, 506 of IPC and Ss. 5/6 of Protection of Children from Sexual Offences Act, 2012 (in short "the Act of 2012") was registered against the appellant.

(3.) During investigation, the prosecutrix was got medically examined. The appellant was also subjected to medical examination. Spot maps were prepared, Dakhil-Kharij register of the school where the prosecutrix was studying, was seized, statements of the witnesses were recorded and statement of the prosecutrix under Sec. 164 of CrPC was also recorded. After completing usual investigation, charge sheet under Ss. 376, 506 of IPC and Ss. 5(l)/6 of the Act of 2012 was filed before the concerned jurisdictional Magistrate.