LACCHURAM MANDAVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dtd. 5/9/2023 passed by the learned Additional Sessions Judge (FTC) South Bastar, Dantewada, District ' South Bastar, Dantewada (C.G.) in Special Sessions (POCSO) Case No. 07/2020, by which the appellant has been convicted for offence punishable U/s 201 of IPC and U/s 6 of the POCSO Act and sentenced to undergo Rigorous Imprisonment for a term of 5 years and fine of Rs.1,000.00, in default of payment of fine additional Rigorous Imprisonment for 01 year and Life Imprisonment and fine of Rs.2,000.00, in default of payment of fine additional Rigorous Imprisonment for 01 year with a direction to run both the sentences concurrently.

(2.) Case of the prosecution, in brief, is that between August 2019 to October 2019 on 17/1/2020, the present appellant, being a step father of the victim, who on the date of incident was a minor, outraged the modesty of the victim by aggravated penetrative sexual assault resulting in pregnancy and to cover up the act lodged a false police complaint against a person named Hunga at Police Station, Frazerpur Parpa, Over the complaint, an FIR was registered by Police Station Kaukonda against Hunga under Sec. 376, 506 Part II of IPC. During investigation, statement of the victim under Sec. 164 of Code of Criminal Procedure, 1973 (for short 'CrPC') was recorded and during counseling at Juvenile Justice Board, the victim confessed that it was the appellant who has committed the offence and the appellant was arrested.

(3.) After investigation, the appellant was charged with offence punishable under Sec. 376(3), 201 of IPC and Sec. 6 of the POCSO Act.