VIDYA SAGAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Criminal Appeal preferred by the appellant herein under Sec. 374(2) of the Cr.P.C assails the judgment of conviction and order of sentence dtd. 14/1/2020 passed in Special Sessions (POCSO) Case No.19/2017 by the Additional Sessions Judge, Fast Track Special Court (POCSO), Rajnandgaon (C.G.), by which, the appellant stands convicted and sentenced as under:- <FRM>JUDGEMENT_42_LAWS(CHH)3_2024_1.html</FRM>

(2.) In short, the case of the prosecution is that on 22/4/2017 at around 7.00 am and before the said date, the appellant, being the father/guardian/relative of minor girl below 16 years, committed rape on the victim more than once. On the date of incident, the victim was aged 9 years. The information of which was given by the victim to her mother (P.W.9), who lodged a report in Police Station Lalbagh on 23/4/2017 stating therein that the accused/appellant, who is the step-father of the prosecutrix, used to molest and commit wrong doings with the victim. The Police registered the offence against the appellant under Ss. 376, 506 IPC and 4 and 6 of POCSO Act. Thereafter, the victim was subjected to MLC and MLC report is Ex.P.4. With respect to the victim, the samples of slide, underwear, birth certificate, Dakhil Kharij register and its relevant page were seized vide Ex.P.1, P.2, P.3, P.6 and P.7. Thereafter, the appellant was subjected to medical examination and its report is marked as Ex.P.9. Vide Ex.P.10 underwear of the appellant was seized. Seized articles were sent for examination to Forensic Science Laboratory.

(3.) Statements of witnesses were recorded under Sec. 161 of Cr.P.C. After due investigation, the appellant was charge-sheeted under Ss. 376, 506 Part-II of IPC and Sec. 6 of the POCSO Act before the jurisdictional criminal Court and the case was committed to the trial Court for hearing and disposal in accordance with law, in which, appellants/accused persons abjured their guilt and entered into defence by stating that they have not committed any offence.