SUNDER LAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is arise out of the judgment of conviction and sentence dtd. 14/12/2023 passed by the learned Additional District and Session Judge (FTSC) and Special Judge (POCSO Act), Balod, District - Balod in Special Session Trial No.45/2022, whereby the appellant has been convicted and sentenced in the following manner : <IMG>JUDGEMENT_9_LAWS(CHH)7_2024_1.jpg</IMG>

(2.) The facts of the case in nutshell is that on 30/3/2022, the complainant/maternal uncle of the victim has lodged a complaint to the police Station - Balod, District Balod with the allegation that he residing at Irrigation Colony Amapara, Balod and posted in Police Department on the post of Constable his niece (Bhanji) victim aged about 17 year 10 months reside with him and studying in class 12th who on 25/3/2022 at about 02:30 p.m. she went to her mother-father's house at village - Bharda from Irrigation colony, Amapara, but she not reached to Village- Bharda and also not come at Irrigation colony, Amapara, due to which it appears that some unknown person has kidnapped his niece from his lawful guardianship. On the basis of the said report the police has registered the FIR under Sec. 363 and during the investigation on 13/4/2022 the victim was recovered from the possession of the appellant at village - Buliyakhedi, P.S. - Pradhan, District - Khandwa (M.P.) and after due investigation the offence under Sec. 366, 376(2) (n) of IPC and Sec. 4, 5(1)/6 of POCSO Act has been registered against the present appellant in Crime No.150/2022 and filed the charge sheet before the trial Court. Thereafter, the learned trial Court has framed charges under Ss. 363, 366, 376(2)(n) of IPC and Sec. 5(L)/6 of POCSO against the appellant.

(3.) The victim was sent for her medical examination to District Hospital, Balod, where PW-3, Dr. Megha Jha has examined her and gave her report Ex.P/8. While examining the victim, the Doctor has not found any external injury on her body, however opined that according to external and internal finding and according to victim history, sexual offence cannot be ruled out. Two slides of her vaginal swab were prepared sealed and handed-over to the police. The victim was advised for X-ray examination for her age determination. During the course of investigation, the spot map Ex.P/24 was prepared by the police and Ex.P/22 was prepared by the Patwari. The underwear of the victim was seized vide Ex.P/08A & P/08. Two slides of vaginal swab were prepared, sealed, packed and handed-over to the police for FSL examination. The marksheet of the Class-10th of the victim was seized as Article A(C) and her social status certificate as Article B(C). The School Admission and Discharge Register and Affidavit Register have been seized from Govt. Adarsh Girls High. Sec. School, Balod, District Balod vide seizure memo Ex.P/17 and after retaining the attested true copy of the same, vide Ex.P/18 the original register was returned back to the School and the attested true copy of School Register is Article 'C(C)' wherein the date of birth of the victim is recorded as 8/5/2004. The appellant was arrested on 15/4/2022 and he too was sent for his medical examination to District Hospital, Balod District Balod, where he has been examined by the Doctor who found him capable to perform sexual intercourse. The underwear of the appellant was seized vide Ex.P/20A & P/20. The seized articles were sent for FSL examination to regional FSL, Raipur from where the FSL report Ex.P/30 was received and according to which the semen and sperms were found in the vaginal swab but not found in underwear of the victim.