SONRURAM Vs. STATE OF C.G.

JUDGEMENT

(1.) Heard Mr. Bharat Lal Dembra, learned counsel for the appellant. Also heard Mr. Shrikant Kaushik, learned Panel Lawyer, appearing for the respondent/State.

(2.) This criminal appeal preferred under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') is directed against the impugned judgment of conviction and order of sentence dtd. 26/12/2022, passed by the learned Additional Session Judge (F.T.S.C.) (POCSO), Kondagaon, District Kondagaon (C.G.) in POCSO Case No. 33/2020, by which the appellant has been convicted for offences punishable under Sec. 366, 376(3) & 376(2) of the Indian Penal Code (IPC) and under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and sentenced him to undergo rigorous imprisonment for 05 years and fine of Rs.1000.00, in default of payment of fine additional rigorous imprisonment for 01 month, sentenced to undergo rigorous imprisonment for 20 years and fine of Rs.1000.00, sentenced to undergo rigorous imprisonment for 10 years and fine of Rs.1000.00 and sentenced to undergo rigorous imprisonment for 20 years and fine of Rs.1,000.00, in default of payment of fine additional rigorous imprisonment for 01 month (all the sentences have been directed to run concurrently).

(3.) Case of the prosecution, in brief, is that on 16/7/2021, a written report was filed vide Ex.P/2 by the aunt (PW-2) of the victim to the effect that the appellant on the false promise of marriage committed sexual intercourse with her niece/victim (PW-1) and also took her to Tamil Nadu where she became pregnant and was having 06 months pregnancy and thereafter, instant report has been lodged. On the basis of said written complaint, First Information Report No. 03/2020 was registered against the accused/appellant under Sec. 376 of the IPC and under Ss. 4 and 6 of the POCSO Act vide Ex.P/3 and the case was taken into consideration.