DEEPAK MARAWI @ KALLU Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dtd. 11/8/2021 passed by the Additional Sessions Judge / First FTSC (POCSO), Bilaspur in Special Sessions Case No.78/2020, whereby the appellant has been convicted and sentenced in the following manner :

(2.) The prosecution story, in brief, is that the prosecutrix has lodged report in Out Post Belgahna, District Bilaspur with an averment that she resided at the place of incident along with her parents and studied in class 9th. On 20/9/2020 about 9 P.M. she was standing near her house, then her neighbour Deepak Marawi came and holds her hand and be seated on motor-cycle and taken her to his house situated at village Karjiya and on 21/9/2021 at night accused Deepak Marawi on the pretext of marriage committed sexual intercourse on her and on 22/9/2021 taken her by motorcycle and left her to Chaarpara, then she narrated the incident to her parents. Outpost Belgahna has forwarded the written report of the prosecutrix to the Station House Officer, Police Station Kota, whereby an offence under Ss. 366, 366, 376 of the IPC and Sec. 6 of the POCSO Act has been registered against accused Deepak Marawi in Crime No.384/2020 vide Ex.P-5. Spot map was prepared by the investigating officer vide Ex.P-7. Statement of the prosecutrix was recorded under Sec. 164 CrPC before the Judicial Magistrate First Class, Kota vide Ex.P-8. Panchnama was prepared vide Ex.P-9. Patwari also prepared spot map vide Ex.P10. Memorandum statement of the accused was recorded vide Ex.P-14. Honda CB Shine motorcycle and underwear of the appellant were seized vide Ex.P-15. The prosecutrix was sent for medical examination to Community Health Center, Kota where Dr.Renuka Samual (PW-8) examined her and found following injuries:-

(3.) Certified copy of dakhil-kharij register of the prosecutrix where her date birth has been mentioned as 26/5/2008 was seized vide Ex.P21.One panty of the prosecutrix and two vaginal slides were seized vide Ex.P-22. Accused was also sent for medical examination to Community Health Center, Korba where Dr. Pradeep Agrawal examined him vide Ex.P-23 and opined that there is no evidence to suggest that he cannot perform sexual intercourse. No external injury seen on private parts. The accused was arrested on 24/9/2020 vide arrest memo Ex.P-29. Seized two vaginal slides, panty of the prosecutrix and underwear of the appellant were sent to FSL for examination. As per FSL report (Ex.P-35), semen stains and human sperm were found in panty Article "B" seized from the prosecutrix and underwear Article "C" seized from the appellant.