AJAY THAKUR Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dtd. 25/2/2019 passed by Learned Sessions Judge in charge, FTC , District Balod (CG) in Session Case No. 117 of 2017 by which the appellant has been convicted under Ss. 376(2)(i) of the IPC and 5(M)/6 of the Protection of Children from Sexual Offences Act, 2012 and 342 of the IPC, sentenced to RI for 10 years and to pay fine of Rs.5,000.00 in default of payment of fine to RI for 6 months under Sec. 376(2)(i) of the IPC and 5(M)/6 of the Protection of Children from Sexual Offences Act, 2012, RI for 1 year and to pay fine of Rs.1,000.00 in default of payment of fine to further go RI for 3 months with a direction to run the sentences concurrently.

(2.) Case of the prosecution in brief is that victim's mother lodged the complaint before police Station Ranchirai District Balod on 27/11/2017 on the basis of which FIR under Ss. 376 of the IPC, 4, 5M and 6 of the POCSO has been registered against the appellant alleging that on the date of incident she went to pond for bath after returning from the pond she asked to her mother in law about her daughter who was aged about 6 years thereafter her mother in law told that the appellant has taken her to shop thereafter she went to shop for searching her daughter but her daughter was not present there then she went to the house of the appellant for searching her daughter where she found that her daughter was undressed and the appellant over the victim without pant subsequently she soughed, open the door and rescued her daughters from the appellant thereafter the victim narrated the entire incident to her mother. On the basis of complaint FIR was registered against the appellant. After usual investigation, the police registered the above stated offence.

(3.) The victim was examined before the Court wherein her statement recorded under Sec. 164 of the CrPC by the Magistrate thereafter the prosecution has collected the evidence and submitted the charge sheet.