CHANDRADEV DHRUV Vs. STATE OF C.G.

JUDGEMENT

(1.) The present appeal is against the judgment of conviction and order of sentence dtd. 30/1/2020 passed by the Additional Sessions Judge (FTC) & Special Judge, POCSO Act, North Bastar, Kanker, in Spl.Cr.Case (POCSO Act) No.27/2019 whereby the appellant has been convicted under Ss. 376(3), 366 and 363 of the Indian Penal Code (for short 'the IPC') and sentenced him to undergo RI for 20 years; RI for 6 years; and RI for 3 years, respectively with usual default stipulations.

(2.) Case of the prosecution, in brief, is that the father of the prosecutrix (PW-3) lodged an FIR (Ex.P/9) to the effect that on 11/5/2018 at about 5.00 pm the accused came to his house with an identification that he is from police station and disclosed his name as Dhruv. Thereafter, he stayed in the house of PW-3 on the pretext that it was late in the evening. On the next day, the accused left the place. Again on 5/6/2018 at about 3.00 pm the accused came back and after some time, he proceeded to move in the village for some time and thereafter again came to the house of PW-3 at about 5.00 pm and slept in his house. On the next day, when the accused left the house of PW-3, he said that he will go with his daughter namely; the prosecutrix (PW-1) to visit some place/market. Thereafter, the accused and prosecutrix went out, but did not come back. On a phone call being received from the prosecutrix, she was recovered and thereafter, she was subjected to medical test wherein the finding was given that intercourse may be possible, but for final opinion referred to FSL and further for determination of age, radiological test was proposed.

(3.) After collecting the evidence, the statements of the witnesses as also the statement of victim were recorded. Thereafter, the charge sheet was filed. During the course of trial the appellant abjured his guilt and claimed to be tried. Statement of the accused under Sec. 313 of Cr.P.C. was also recorded. The prosecution examined as many as 17 witnesses and exhibited 40 documents including article 'A' to show the progress report of PW-1. After completion of trial, the learned trial Court on appreciation of evidence, convicted and sentenced the appellant as stated supra. Hence this appeal.