SHRAVAN KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal arises out of the judgment of conviction and order of sentence dated 4.2.2023 passed by the Additional Sessions Judge, Fourth F.T.S.C. (POCSO Act), Durg, District Durg in Special Criminal Case (POCSO) No.96/2022 whereby the appellant has been convicted and sentenced in the following manner :

(2.) The prosecution story, in brief, is that the complainant PW-2 has lodged the report at Mohan Nagar Police Station on 30.05.2022 that he went to his relative's house at the occasion of Dashgatra on 29.05.2022 at Surajpur and his wife for labour work in rice mill, then the prosecutrix who was minor has left her house by stating to her aunt at about 11.30 A.M. that she is going to shop, but she did not return till evening and then his daughter-in-law has informed him by telephone that the prosecutrix could not return to her house and then he searched her to her relatives and nearby residents, but nothing has been identified and then he fells that someone has abducted the minor daughter and then a report was lodged in Crime No.187/2022 (Ex.P-6) for offence under Section 363 of the IPC. During the course of investigation, the prosecutrix was found on 5.6.2022 and then seizure panchnama (Ex.P-1) was prepared. Statement of the prosecutrix was recorded under Section 164 of the CrPC vide Ex.P-2 and thereafter Sections 366 and 376 of the IPC and Section 4 of the POCSO Act was added against the appellant . Statements of the witnesses were recorded. Undergarments of the prsecutrix was seized vide Ex.P-12. MLC was conducted. The appellant was arrested on 6.6.2022 vide arrest memo Ex.P-10. Patwari prepared spot map vide Ex.P-4. Spot map was also prepared by the investigating officer vide Ex.P-7. Admission and Discharge register of the prosecutrix was seized vide Ex.P-18C.

(3.) After completion of investigation, charge-sheet was filed before the Special Judge, Durg under the protection of children from sexual offences Act, 2012.