UMASHANKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred under Sec. 374(2) of the Cr.P.C. is against impugned judgment of conviction and order of sentence dtd. 15/03/2021 passed in Special Criminal Case No. 150/2018 by the learned Additional Special Sessions Judge, Fast Track Court, Special Court, Raipur, District Raipur (C.G.), whereby the appellant has been convicted under Sec. 363, 366, 376 (3) and Sec. 376 of the IPC and Sec. 6 of the POCSO Act. However, the appellant has been sentenced as under:-

(2.) Case of the prosecution in brief is that mother (PW3) of the Victim (PW1) made a written report (Ex.P/3) at Police Station Mandir Hasod inter-alia that on 17/05/2018, when she came back from market at that time her neighbor namely Rajiya Khan told her that the appellant, after alluring the Victim for marriage, took her with him. Subsequently, the Victim was searched for two days, but she was not traceable. Based on the said written report, FIR bearing No. 164/2018 for the offence punishable under Sec. 363 and 366 of the IPC and Sec. 12 of the POCSO Act. The appellant was later on arrested. In order to ascertain the date of birth of the Victim (PW1), Dakhil Kharij Register (EX.P/4C) and Class-6th Progress Report (Article-A) were seized. According to the Dakhil Kharij Register and Progress report, the date of birth of the Victim has been mentioned as 15/03/2004.

(3.) The trial Court after appreciating oral and documentary evidence available on record, by its judgment dtd. 15/03/2021 convicted and sentenced the appellant as mentioned in paragraph one of this judgment. Hence, this appeal.