ABHIJEET SHRIVASTAVA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant under Sec. 374 (2) of the Criminal Procedure Code against the impugned judgement dtd. 12/10/2023 passed by learned Special Judge (Protection of Children from Sexual Offences Act, 2012) Balod, District Balod, in Special Sessions Case No. 09/2021, whereby the appellant has been convicted and sentenced in the following manner:- <FRM>JUDGEMENT_55_LAWS(CHH)1_2024_1.html</FRM>

(2.) The case of the prosecution in brief is that on 18/1/2021, the prosecutrix has lodged a written report (Ex. P-1) to the police station Rajhara that she is residing at Indira Nagar, Rajhara, in the year 2017 when she was giving her open examination, she came into contact of the appellant and started chatting and then he started demanding money from her. In the year 2017 when no one was there in his house he called her in his house and then he committed forceful sexual intercourse with her and thereafter repeatedly committed sexual intercourse with her at Bhilai, Talpuri. He abused her with filthy language and assaulting her and demanding money from her. He has taken her obscene pictures in his mobile and threatened her to get her video viral, therefore, she has lodged the report.

(3.) On the basis of the written report lodged by the prosecutrix, the police has registered the F.I.R. (Ex. P-2) on 18/1/2021 under Ss. 376(2)(n), 294, 323 of I.P.C. and Ss. 4, 5(l), 6, 11(ii) and 12 of the POCSO Act, against the appellant. Spot map Ex.P-3 was prepared by the police in presence of the witnesses. The prosecutrix was sent for medical examination to the Govt. Hospital Doundi, District Balod, where PW-4 Dr. Pushpa has examined her and gave her report Ex. P-13. During her examination, the doctor has found no external or internal injuries over the body of the prosecutrix. No definite opinion was given regarding sexual intercourse however her opinion was depended upon the report of chemical examination of slide in forensic lab. Two slides of vaginal swab of the prosecutrix were prepared and send for its FSL examination. On 19/1/2021, the birth certificate of the prosecutrix was seized by the police vide Ex. P-5. The slides prepared by the doctor was also seized vide Ex. P-16 and the same was sent for F.S.L. examination vide Ex. P-21 to State F.S.L., Raipur, from where the report Ex. P-23 was received and as per the report no sperm was found on the vaginal swab of the prosecutrix. Statement under Sec. 164 of CrPC of the prosecutrix has been recorded on 19/1/2021. On 25/1/2021, the school admission and discharge register from Little Birds Academy English Medium High School, Dalli Rajhara, with respect to date of birth of the prosecutrix has been seized by the police vide Ex. P-13. A true copy of the same containing her date of birth (Article-A(C)) was retained by the police and original school register was given back to the school. According to school admission and discharge register, her date of birth is mentioned as 4/2/2001. The appellant was arrested on 19/1/2021 and he too was sent for his medical examination to Govt. Hospital, Chikhlakasa, District Balod, where Dr. J.R. Chunarkar, P.W. 5 has examined him and gave his report Ex. P-14. According to the medical report, the doctor found nothing to suggest that the said accused is incapable of performing the sexual intercourse. After completion of investigation, the police filed a charge sheet against the appellant before the court of learned Special Judge (POCSO ACT), Balod, for the offences under Ss. 376(2)(n), 294, 323 of I.P.C. and Sec. 4, 5(l), 6, 11(ii) and 12 of POCSO Act.