BALDAU NISHAD Vs. STATE OF C.G.

JUDGEMENT

(1.) Assail in the present criminal appeal filed under Sec. 374(2) of the CrPC preferred by the sole appellant-accused, is to the legality, validity and correctness of the judgment dtd. 28/8/2023 passed by the Additional Sessions Judge, F.T.C. (POCSO) Bemetara, District Bemetara, Chhattisgarh, in Sessions Trial No. 18/2023 by which the appellant herein has been convicted and sentenced as under:-

(2.) The case of the prosecution as projected by the prosecution and accepted by the trial Court is that on 1/6/2023 at about 11:00 pm at village Piraiya, Police Station Chandnu, District Bemetara, Chhattisgarh, the appellant, who is the neighbour of the victim (PW-5), has outraged the modesty of the minor victim (PW-5), aged about 14 years on the date and time of offence and thereby committed the offences as mentioned in the opening paragraph of the judgment.

(3.) It is further case of the prosecution about the said incident the victim (PW-5) made a written complaint on 3/8/2023 vide Ex.P/8 and on that basis FIR was registered vide Ex.P/9 on the same day. Spot map and crime details form were prepared vide Exs.P/7 & P/11, respectively. As per the victim her date of birth is 5/4/2009 which was duly supported by dakhil khariz register, which was seized vide Ex.P/1, proved by Head Master Mohan Lal Dewangan (PW-3) and also supported from the statements of victim's father (PW-1); victim's grandmother (PW-2) and village Kotwar Chamrudas Manikpuri (PW-6). Wheels of investigation started running and the appellant was arrested.