BHAGWAT ADIL 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. 20/1/2023 passed by learned Special Judge (FTSC) (Protection of Children from Sexual Offences Act, 2012) Mungeli, District Mungeli, in Special Criminal Case No. 39/2021, whereby the appellant has been convicted and sentenced in the following manner:- <FRM>JUDGEMENT_56_LAWS(CHH)1_2024_1.html</FRM>

(2.) The case of the prosecution in brief is that on 17/6/2021, the father of the prosecutrix has lodged a written report to the police station City Kotwali Mungeli that he is residing at Ghutheli, Police Station Mungeli. The prosecutrix is his elder daughter who is aged about 14 years and her date of birth is 3/8/2007. 15 days prior to 17/7/2021, one Bhagat Aadil of village Neu Rushe came to his house to see the prosecutrix for the purposes of marriage, but refused to marry with his daughter because the girl was only 14 years old. On 15/7/2021 at about 01.00 in the night when he woke up for answering the call of nature, then he saw that the prosecutrix is not in his house. He searched her in nearby places and about 03.00 o'clock in the night, he received a telephonic call in his mobile phone from the police outpost Damapur that his daughter is in police outpost. He went to police outpost Damapur and taken back his daughter with him. On query being made, she disclosed that Bhagwat Adil of village Neu Rushe had taken her on the pretext of marriage to his village by his motorcycle and in his grocery shop he has committed rape upon her, and thereafter in the night itself, she was being taken to Bholwapara by his motorcycle and on the way again he committed rape upon her and on the midway, when he saw the police persons, he fled away and left her on the way. Thereafter, he came to police station to lodge the report along with his daughter.

(3.) On the basis of written report lodged by the father of the prosecutrix, the police has register the F.I.R. (Ex. P-11) on 17/7/2021 under Ss. 363, 366, 376 of I.P.C. and Ss. 4, 6 of the POCSO Act, against the appellant.