GOPAL KERKETTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has filed this appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, the Cr.P.C.) questioning the impugned judgment of conviction and order of sentence dtd. 30/9/2023 passed in Special Sessions Case No. 70 of 2021 by the learned Additional Sessions Judge, Fast Track Special Court, Surajpur, District Surajpur (C.G.), whereby the appellant has been convicted and sentenced as under:- <FRM>JUDGEMENT_55_LAWS(CHH)3_2024_1.html</FRM>

(2.) Case of the prosecution, in short, is that on 3/9/2021, the applicant/victim has lodged a written report (Ex.P-8) in Police Station ' Ramanjunagar to the effect that on 2/9/2021 at around 07.00 pm, while she was washing utensils in the courtyard of the house, the accused entered her house, caught hold of her, dragged her into the bush behind her house covering her mouth with his hand and committed rape on her and when she screamed 'Dai-Dai', save me, her father came and caught the accused after hearing her voice. Based on the written report of the applicant (Ex.P-8), First Information Report No. 153/2021 was registered by Police Station ' Ramanujnagar under Sec. 366, 376(3), 450 of IPC and Sec. 4 of Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act') vide Ex.P-9. Subsequently, on 4/9/2021, after arrest of the accused and completion of investigation, charge-sheet No.128/2021 has been submitted before the concerned trial Court.

(3.) The learned Special Court framed charges against the appellant under Sec. 366A, 376(3), 450 of IPC and Sec. 4 of the POCSO Act, the appellant denied the charges and prayed for trial.