BHARAT PATEL Vs. STATE OF C.G.

JUDGEMENT

(1.) Heard.

(2.) This appeal is directed against the judgment of conviction and order of sentence dtd. 06/03/2020 passed by the Special Judge (Protection of Children from Sexual Offences Act, 2012) Janjgir, District Janjgir-Champa (C.G.) in Special Sessions Trial No. 02/2018, whereby, the appellants have been convicted and sentenced as under :-

(3.) Prosecution case, in brief, is that on 22/10/2017 the complainant P.D. lodged a report that on 21/10/2017, the prosecutrix was sitting outside of her house and after some time she was not found. However, till late night when she did not return, the complainant enquired and on presumption that the appellant No.1 Bharat Patel has enticed away the minor girl from the lawful custody, lodged the FIR (Ex.P/3) thereby the case was registered under Ss. 363, 366 and 376 of IPC and Sec. 6 of POCSO Act. Subsequently on 08/11/2017, the prosecutrix was recovered from the possession of appellant No. 1 Bharat Patel and she was subjected to medical examination and after the medical examination appellant No. 1 was arrested and in order to aid and abet the offence, appellant No. 2 Bhanu Dewangan and appellant No.3 Ram Niwas Pal @ Gaderia were also arrested. Statement of the victim was recorded under Sec. 164 of CrPC and necessary statements were also recorded. The birth report from the Municipality of Champa was seized vide Ex. P/24, apart from dakhil-kharij register of the school Ex.P/18 'C' wherein date of birth of the prosecutrix was shown to be 26/02/2002 and after recording the statement of the relevant witnesses charge-sheet was filed. The appellants abjured their guilt during the course of the trial and claimed to be tried. The prosecution adduced evidence of as many as 11 witnesses and exhibited 24 documents. The learned trial Court after evaluation of the evidence convicted and sentenced the accused as aforesaid, hence this appeal.