BHOKU @ OMPRAKASH Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dtd. 28/6/2021 passed by the learned Upper Sessions Judge, First F.T.C Special Judge (POCSO Act), Durg in Special Session Trial No.24/2018, whereby the appellant has been convicted and sentenced in the following manner:-

(2.) The prosecution case, in brief, is that the father of the victim, aged about in between 3-4 years, lodged report on 1/5/2018 before the police station concerned stating therein that while he was in his shop on the date of incident, he was informed by the grandmother of the victim that the victim has been subjected to sexual abuse, thereafter he rushed back to his home and saw that his daughter was vomiting and having asked it was disclosed by her that while she was playing near a Durga stage in the village, the appellant gave her money and called for Gutkha and Pepsi, thereafter she went and brought the same and handed over to the appellant and thereafter the appellant took the victim along with him near Anganbadi building and committed sexual abuse. On the report of the complainant, the Police started the investigation and the age of the victim was found to be 31/2 to 4 years and her date of birth was 11/12/2014, whereas the date of incident was of 1/5/2018. The victim was subjected to medical examination and the clothes which the victim was wearing having stains were also recovered on the same day. The same was sent for FSL. After recording the statement of the victim and other witnesses, the charge-sheet was filed before the court concerned.

(3.) During the course of trial, the appellant abjured the guilt and claimed to be tried. The prosecution examined as many as 10 witnesses to prove its case and exhibited 32 documents, whereas defence examined two witnesses in its favour. The learned Session Judge after evaluating the evidence convicted the appellant for the aforesaid offence, as mentioned in para 1 of the judgment. Hence, this appeal.