DEEPAK BHOI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since the aforesaid five criminal appeals have been filed against the impugned judgment dtd. 23/11/2020 passed by the Additional Sessions Judge / Second Fast Track Special Court, Raipur, District Raipur in Special Criminal (POCSO) Case No.169/2018, they were clubbed and heard together and are being disposed of by this common judgment.

(2.) The appellants have filed these five criminal appeals under Sec. 374(2) of the CrPC questioning the impugned dtd. 23/11/2020 passed by the Additional Sessions Judge / Second Fast Track Special Court, Raipur, District Raipur in Special Criminal (POCSO) Case No.169/2018, by which appellant- Deepak Bhoi has been convicted for offences under Ss. 376DA, 363, 366, 506 Part II and 376(3) of the Indian Penal Code (for short 'IPC') and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (for short ('POCSO Act') and sentenced to undergo imprisonment for life and fine of Rs.10,000.00, in default of payment of fine to further undergo SI for 10 months, RI for three years and fine of Rs.1000.00, in default of payment of fine to further undergo SI for two months, RI for five years and fine of Rs.2000.00, in default of payment of fine to further undergo SI for three months, RI for three years and fine of Rs.2000.00, in default of payment of fine to further undergo SI for two months and RI for twenty years and fine of Rs.7000.00, in default of payment of fine to further undergo SI for six months, appellants-Mohit Patel and Vishal Rao have been convicted for offences under Ss. 376DA, 363, 366, 506 Part II and 109/376(3) of the IPC and Sec. 17/4 of the POCSO Act and sentenced to undergo imprisonment for life and fine of Rs.10,000.00, in default of payment of fine to further undergo SI for 10 months, RI for three years and fine of Rs.1000.00, in default of payment of fine to further undergo SI for two months, RI for five years and fine of Rs.2000.00, in default of payment of fine to further undergo SI for three months, RI for three years and fine of Rs.2000.00, in default of payment of fine to further undergo SI for two months and RI for twenty years and fine of Rs.7000.00, in default of payment of fine to further undergo SI for six months and appellants Keshav Raj Yadav and Visheshpuri Goswami have been convicted for offence under Sec. 21 of the POCSO Act and sentenced to undergo RI for six months and fine of Rs.1,000.00, in default of payment of fine to further undergo SI for one month.

(3.) The case of the prosecution, in brief, is that on 5/8/2018 at 23.30 P.M., the victim's father (PW-5) lodged a report in Devendra Nagar Police Station to the effect that his daughter i.e. the minor went with her friend at 5 P.M. to City Center Mall, Pandari Raipur to celebrate friendship day. She was in contact till around 7 A.M. after which her daughter's mobile got switched off and she has not returned home. When the minor did not return home, they went to City Center Mall, Pandari Raipur and found that the minor and one of her friend had not returned home while the other friends had gone back to their respective homes. The above information of kidnapping was registered against unknown person under Crime No.171/2018 at Devendra Nagar Police Station. On 6/8/2018, the minor and her friend came home and were brought to Devendra Nagar Police Station and after recovery, they were handed over to their family members. The investigating officer recorded the recovery panchnama vide Ex.P-1 and also recorded the victim's statement before the Child Welfare Committee on 7/8/2018 vide Ex.P-2. Thereafter on 9/8/2019 the victim's statement under Sec. 164 CrPC was recorded before the Magistrate vide Ex.P-3. Vaginal slide of the victim was seized vide Ex.P-5. Birth certificate of the victim was seized vide Ex.P-6. FIR was registered vide Ex.P-7. Spot map was prepared by the investigating officer vide Ex.P-8. Transfer certificate and bonafide certificate of the victim were seized vide Exs.P-13 and P-14. Dakhil-kharij register of the victim was seized vide Ex.P-17. Applicants Mohit Patel, Vishal Rao, Deepak Bhoi and Manish Sahu were arrested on 13/8/2018 vide arrest memos Exs.P-22 to 25 and applicants Keshav Raj Yadav and Visheshpuri Goswami were arrested on 21/9/2018 vide arrest memos Exs.P-26 and P-27. Seized vaginal slide was sent to FSL vide Ex.P-35 and as per FSL report (Ex.P-36), human sperm was found on vaginal slide seized from the victim.