PARSU@PARASRAM Vs. STATE OF C.G.

JUDGEMENT

(1.) Invoking criminal appellate jurisdiction of this Court enshrined under Sec. 374(2) of the Code of Criminal Procedure (for short the "CrPC"), the accused/appellant is calling in question the legality, validity and correctness of impugned judgment of conviction and order of sentence dtd. 16/10/2019, passed in Special Criminal Case No.06 of 2018 (State of Chhattisgarh v. Parsu @ Parasram Chandravanshi), by the Additional Sessions Judge, Dongargarh, District Rajnandgaon (C.G.), whereby he has been convicted and sentenced as under: <IMG>JUDGEMENT_102_LAWS(CHH)2_2024_1.jpg</IMG> [Both the sentences are directed to run concurrently]

(2.) The case of the prosecution, in a nutshell, is that between 18/3/2018 to 30/4/2018, in the house of the complainant/mother of the victim (PW-06), situated at Village Rengakathera, which comes within the ambit of Police Station Dongergarh, District Rajnandgaon (CG), the accused-appellant herein, firstly illegally trespassed into the said house of the complainant (PW-06) and, thereafter, committed repeated sexual intercourse with her minor daughter/victim (PW-07), who was aged about 13 years, due to which, she became pregnant and, thereby, said to have committed the aforesaid offences.

(3.) The further case of the prosecution is that when mother of the victim (PW-06) reported the matter to the police, FIR (Ex.P/05) was registered by the police against the appellant and wheels of investigation started running, in which, spot map was prepared vide Ex.P/07. Victim's statement under Sec. 164 of CrPC was recorded vide Ex.P/12. After obtaining necessary consent vide Ex.P/08, Ex.P/09 & Ex.P/11, the victim (PW-07) was subjected to medical examination, which was conducted by Dr. Ananya Shrivastava (PW-19) and, as per her MLC report Ex.P/19, it has been opined that the victim (PW-07) may be pregnant. Further, victim's vaginal slide were also prepared and handed over to the police, which was seized vide Ex.P/18. The victim (PW-07) was also subjected to ultrasonography test and pregnancy test and, according to said reports (Ex.P/41 & Ex.P/42), it has been opined that the pregnancy test of the victim (PW-07) was found positive and, as per her ultrasonography report, she was carrying pregnancy of 14 weeks. The accused-appellant was arrested vide Ex.P/02 and sent for medical examination. Appellant's MLC report is Ex.P/20 and his undergarment was also seized vide Ex.P/01.